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60TH CONGRESS,  |   HOUSE  OF  REPRESENTATIVES.  (DOCUMENT 

1st  Session.       f  1  No.  607 


•vOVN* 

j   vivv-'>r* 

,'-**tV 

Toft  Library 

PAPERS  RELATIVE  TO  LABOR  TROUBLES  AT 
GOLDFIELD,  NEV. 


I) C^ ^eo^reta *" ^  oi  SUrle 

MESSAGE 


PRESIDENT  OF  THE  UNITED  STATES, 


TRANSMITTING 


REPORT     OF     SPECIAL     COMMISSION     ON     LABOR    TROUBLES    AT 
GOLDFIELD,  NEV.,  AND  PAPERS  RELATING  THERETO. 


FEBRUARY  3,  1908.— Read;  referred  to  the  Committee  on  Labor  and  ordered  to  he 

printed. 


The  House  of  Represented 

I  transmit  herewith  a  report  by  the  Secretary  of  State  with  copies 
of  papers  called  for  by  the  resolution  of  the  House  of  Representatives 
on  January  22,  1908,  reading  as  follows: 

Resolved,  That  the  President  be  requested  to  transmit  to  the  House  of  Representa- 
tives, if  not  incompatible  with  the  interests  of  the  public  service,  a  copy  of  the  report 
made  to  him  by  the  special  commission,  composed  of  Lawrence  O.  Murray,  Herbert 
Knox  Smith,  and  Charles  P.  Neill,  sent  by  him  to  Goldfield,  Nevada,  for  the  purpose 
of  investigating  the  labor  troubles  in  that  district  and  to  make  a  report  concerning  the 
same;  and  also  such  other  papers  relating  thereto  as  in  his  judgment  are  material  and 
for  the  better  information  of  the  House. 

THEODORE  ROOSEVELT. 
THE  WHITE  HOUSE, 

February  3,  1908. 


The  PRESIDENT  : 

The  undersigned,  the  Secretary  of  State,  to  whom  was  referred  the 
resolution  of  the  House  of  Representatives  of  January  22,  1908, 
requesting  the  President 

to  transmit  to  the  House  of  Representatives,  if  not  incompatible  with  the  interests  of 
the  public  service,  a  copy  of  the  report  made  to  him  by  the  special  commission,  com- 
posed of  Lawrence  O.  Murray,  Herbert  Knox  Smith,  and  Charles  P.  Neill.  sent  by 
him  to  Goldfield,  Nev.,  for  the  purpose  of  investigating  the  labor  troubles  in  that 

45 
.(* 
.Ill 


2  ROUBLES     \i    OOLDPIBLD,    NKY. 

1 1 1 1 » • :  a  1 1 . 1  also  such  other  papers  relating 
wad  for  the  better  information  of  tne  House. 

has  tlu«  honor  to  hiv   Mow  tlir  IVoi.imt  copies  of  the  papers  re- 
quest 

;'nll\  submitted. 

ELIHU  ROOT. 

!>i  I-\I:IM;  \  i    Ol     STATE, 

,  J  a  nun  r  \j  31,  1908. 


Lint  of  papers. 

Sriuit<>r  Nixon  to  the  President.  December  4,  1907. 

;n>r  Sj>;irk>  t<>  the  President.  I  >eceinl>er  3-4,  1907. 
Tin-  IVe-idem  to  Governor  Sparks,  December  4,  1907. 
rnor  Sparks  to  the  President.  Decembers,  1907. 
Mr.  Jones  to  Mr.  Loch,  December  5,  I'.'OT. 
The  I'i'Mdent  to  Governor  Sparks,  December  5,  1907. 
Seiuitor  Newhmds  to  the  IV-  .-idem.  December  10,  1907. 
The  IV.-sid.  nt  to  the  Secretary  of  State,  December  13,  1907. 
The  Secretary  of  State  to  Governor  Sparks,  December  14,  1907. 
Governor  Sparks  to  the  President,  December  15,  1907. 
The  President  to  Governor  Sparks,  December  17,  1907. 
Messrs.  Murray,  Neill,  and  Smith  to  the  President,  December  17,  1907. 
The  same  to  the  same,  December  20,  1907. 
The  President  to  Governor  Sparks,  December  20,  1907. 
Governor  Sparks  to  the  President,  December  22,  1907. 
The  President  to  Governor  Sparks,  December  23,  1907. 
Governor  Sparks  to  the  President,  December  26,  1907. 
The  Secretary  of  State  to  Senator  Newlands,  December  27,  1907. 
The  Secretary  of  State  to  Mr.  Loeb,  December  28,  1907. 
Mr.  Loeb  to  the  Secretary  of  State,  December  28,  1907. 
The  President  to  Governor  Sparks,  December  28,  1907. 
Governor  Sparks  to  the  President,  December  29,  1907. 
The  Secretary  of  State  to  Senator  Newlands,  December  30,  1907. 
Governor  Sparks  to  the  President,  December  30,  1907. 
Proclamation  by  Governor  Sparks,  December  30,  1907. 
The  President  to  Governor  Sparks,  January  4,  1908. 
Report  by  Messrs.  Murray,  Neill,  and  Smith,  December  30,  1907. 
Governor  Sparks  to  the  President,  January  17,  1908. 
The  President  to  Governor  Sparks,  January  17,  1908. 
Governor  Sparks  to  the  President,  January  30,  1908. 


Senator  Nixon  to  the  President. 

[Telegram.] 

NEW  YORK,  December  4,  1907. 
The  PRESIDENT, 

Washington,  D.  C. 

I  am  informed  Governor  Sparks  of  Nevada  has  sent  you  impor- 
tant telegram  relation  to  critical  situation  in  Nevada  which  needs 
im mediate  action.  Hope  it  will  be  possible  for  you  to  grant  his 
request.  Senator  Newlands  and  Congressman  Bartlett  can  give 
further  particulars  and  I  will  return  to  Washington  this  afternoon 
if  you  desire  personal  interview.  Address  Waldorf. 

GEO.  T.  NIXON. 


LABOR    TROUBLES    AT    GOLDFTELD,    NEV.  3 

Governor  Sparks  to  the  President. 

[Telegram.] 

CARSON  CITY,  NEV.,  December  3-4,  1907. 
Hon.  THEODORE  ROOSEVELT, 

President  oj  the  United  States. 

Mr.  PRESIDENT:  It  now  seems  apparent  that  in  the  near  future 
Nevada  may  expect  serious  labor  troubles  in  the  district  of  Gold- 
field  and  adjoining  camps,  which  may  result  in  violence  and  great 
destruction  of  both  life  and  property.  The  State  has  no  enrolled 
militia  and  if  it  had  I  doubt  very  much  whether  it  would  be  effective 
in  maintaining  law  and  order.  I  am  this  day  in  communication 
with  our  Congressional  representatives  urging  them  to  consult  with 
you  concerning  conditions  above  stated,  and  as  we  now  see  them, 
it  appears  to  me  as  governor  of  Nevada  that  it  is  my  duty  to  ask  if 
you  can  consistently  give  us  assurance  that  we  may  depend  upon 
immediate  relief  from  the  Presidio  Barracks.  I  assure  you  Mr. 
President  I  am  aware  of  the  fact  and  consider  it  an  extraordinary 
request  to  be  made  by  any  governor  of  the  United  States,  but  the 
existence  of  the  case  seems  to  require  it  at  this  time.  I  am  informed 
that  desperate  men  are  now  securing  dynamite  and  arms  to  destroy 
property  and  human  life.  The  sheriff  of  the  county  seems  to  be 
absolutely  unable  to  cope  with  the  situation.  A  committee  of  mine 
owners,  mine  operators  and  mill  operators  from  the  Goldfield  district 
is  now  in  consultation  with  me  and  I  assure  you,  Mr.  President,  that 
they  are  well  satisfied  that  we  need  relief.  We  have  no  military  gar- 
rison in  the  State  of  Nevada  and  a  small  detachment  of  Federal 
troops  stationed  at  Goldfield  would  certainly  relieve  the  situation. 
Very  respectfully, 

JOHN  SPARKS,  Governor  oj  Nevada. 
.    R.  C.  STODDARD,  Attorney  General. 


The  President  to  Governor  S paries. 

[Telegram.] 

THE  WHITE  HOUSE, 

Washington,  December  4,  1907. 
Hon.  JOHN  SPARKS, 

Governor,  Carson  City,  Nev. 

Telegram  received  3.05  o'clock  this  afternoon.  The  Federal 
Government  is  prepared  to  send  detachment  of  troops  at  any  moment 
subject  of  course  to  your  making  call  under  conditions  prescribed 
by  the  United  States  Constitution  and  Statutes  as  set  forth  in  sec- 
tions 52,  97,  and  5299  of  the  Revised  Statutes,  these  two  sections 
carrying  out  section  4  of  Article  IV  of  the  Constitution.  The  call 
of  the  governor  must  itself  recite  such  a  condition  of  affairs  in  accord- 
ance with  the  terms  of  the  laws  above  referred  to  will  warrant  the 
President  in  acting.  I  have  ordered  not  to  exceed  two  companies  to 
be  ready  to  move  immediately  if  you  make  such  request,  as  two 


4  ,  K«M  BUDE     \  i    OOLDFIELD,    NK\  . 

companie-   \\onld.    1    suppose,  amount    to   the  smnll  detachment  of 
which  you  speak. 

TIIKODOUE  ROOSEVELT. 


mOf  >>//•/•*  to  tin 
[Telegriiin.] 

CARSON,  NEV.,  December  5,  1907. 

1  lis  Kxccllrix \  Tiii.(iitoi;i:    KMOSKVF.I  T,  , 

J'n  *'••/,  nt  of  tin    I'intnl  St<it<x,  Washington,  D.  CJjjj^ 

At  (ioldtield,  Ksmendda  County,  State  of  Nevada,  there  does  now 

ist  domestic  violence  and  unlawful  combinations  and  conspiracies 
which  do  MOW  so  obstruct  and  continue  to  so  obstruct  and  hinder 
the  execution  of  the  laws  of  the  State  of  Nevada  and  now  deprive 
and  continue  to  deprive  the  people  of  said  section  of  the  State  of 
the  rights,  privileges,  immunities,  and  protection  named  in  the  Con- 
stitution of  the  United  States  and  of  the  State  of  Nevada  and  which 
are  secured  by  the  laws  for  the  protection  of  such  rights,  privileges 
and  immunities;  and  the  constituted  authorities  of  the  State  of 
Nevada  are  now  and  continue  to  be  unable  to  protect  the  people  in 
such  rights,  and  the  reason  of  such  inability  and  the  particulars 
thereof  are  the  following,  to  wit,  unlawful  dynamiting  of  property, 
commission  of  felonies,  threats  against  the  lives  and  property  of  law- 
abiding  citizens,  the  unlawful  possession  of  arms  and  ammunition 
and  the  confiscation  of  dynamite  with  threats  of  the  unlawful  use  of 
the  same  by  preconcerted  action. 

The  lawfully  constituted  authorities  of  this  State  are  unable  to 
apprehend  and  punish  the  perpetrators  of  said  crimes  and  to  pre- 
vent the  commission  of  other  threatened  crimes,  and  unless  the  relief 
hereinafter  requested  is  granted  this  State  and  the  lives  and  property 
of  large  number  of  its  people  will  be  irreparably  affected  and  dam- 
aged, contrary  to  the  peace  and  dignity  of  the  United  States  and  of 
the  State  of  Nevada. 

Therefore,  pursuant  to  Article  IV,  section  4,  of  the  Constitution  of 
the  United  States,  and  to  sections  5397  and  5298  of  the  Revised 
Statutes  thereof,  I,  John  Sparks,  governor,  do  hereby  respectfully 
request  that  Your  Excellency  Theodore  Roosevelt,  President,  do 
immediately  send  to  Goldfield,  Esmeralda  County,  Nev.,  two  com- 
panies of  the  troops  of  the  Army  of  the  United  States  to  suppress 
unlawful  disorder  and  violence,  to  protect  life  and  property,  to  restore 
peace,  and  to  insure  protection  of  law  to  the  people  of  the  State  of 
Nevada. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
great  seal  of  the  State  to  be  affixed  at  the  capitol,  Carson  City,  Nev., 
on  this  5th  day  of  December,  A.  D.  1907. 

JOHN  SPARKS,  Governor. 
Attest: 

\V.  G.  DOUGLASS, 

Secretary  of  State. 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  5 

Mr.  Jones  to  Mr.  Loeb. 

UNITED  STATES  SENATE, 
Washington,  D.  C.,  December  5,  1907. 

.DEAR  MR.  SECRETARY:  I  inclose  herewith  the  copies  of  telegrams 
passing  between  the  President  and  the  governor  of  Nevada  which 
you  allowed  me  to  have  last  evening. 

Again  thanking  you  for  this  courtesy,  I  am, 

Yours,  very  truly,  D.  V.  JONES. 

Hon.  WM.  LOEB,  Jr., 

Secretary  to  the  President,  Washington,  D.  C. 


The  President  to  Governor  Sparks. 

[Telegram.] 

THE  WHITE  HOUSE, 

Washington,  December  5,  1907. 
Hon.  JOHN  SPARKS, 

Governor,  Carson,  Nev. 

I  have  received  your  request  for  troops  made  in  accordance  with 
the  Constitution  and  laws  of  the  United  States  and  will  accordingly 
immediately  direct  that  a  sufficient  number  of  troops  be  sent  to 
Nevada.  The  number  must  be  determined  by  the  military  authori- 
ties. 

THEODORE  EOOSEVELT. 


Senator  Newlands  to  the  President. 

UNITED  STATES  SENATE, 
Washington,  D.  C.,  December  10,  1907. 

MY  DEAR  MR.  PRESIDENT:  I  join  with  Senator  Nixon  and  Repre- 
sentative Bartlett,  of  Nevada,  in  the  request  that  you  select  some 
representative  to  go  to  Nevada  and  make  a  careful  examination 
into  existing  conditions  with  a  view  to  the  maintenance  of  peace 
and  good  order,  and  that  you  retain  the  troops  at  Goldfield  until 
after  you  have  received  the  report  of  such  representative. 
Very  respectfully,  yours,  • 

FRANCIS  G.  NEWLANDS. 
The  PRESIDENT, 

The  White  House,  Washington,  D.  C. 


The  President  to  the  Secretary  of  State. 

THE  WHITE  HOUSE, 

Washington,  December  13,  1907. 
The  SECRETARY  OF  STATE  : 

I  transmit  herewith  copies  of  correspondence  between  myself  and 
the  governor  of  Nevada  and  the  Senators  and  Member  of  the  Lower 
House  from  Nevada  and  the  War  Department.  In  accordance  witq 
the  request  of  Governor  Sparks,  and  for  the  reasons  set  forth  therein' 


i.  \  : .  M  1:1.1  -    \  r   t;oi,i>RKLi>,   NKV. 

,|>l>orted  l>\   the  request  of  the  two  Senators  and 
Meml-er  of  i  In-  Lower  llou>e  from  Nevada,   I   have  ordered  troops  to 

bestMit  ;  ••that  they  will  be  available  in  the  event  that  the 

situation  o.ntemplated   1>\    the  Constitution  aixl  the  laws  and  appre- 
hended h\   the  ;M»\enior  of  Nevada  shall  arise. 

Will  von  pie  ire  from  the  \Var  Department  all  papers  bear- 

uhjeei  (     Plea>e  c« >mmnnicate   with  the  governor  of 

beps  on  the  part  of  the  government  of  that  State 

\\huh  will  he  a  neee^arv  precedent  to  further  action  on  the  part  of 

the  Federal  ( !o\  eminent . 

TII  KODORE  ROOSEVELT. 


Tin  Secretary  of  State  to. Governor  Sparks. 

[Telegrata.] 

DECEMBER  14,  1907. 
Hon.  JOHN  SPARKS, 

Governor,  Carson  City,  Nev. 

The  President  has  transmitted  to  the  Department  of  State  the 
correspondence  between  the  governor  of  Nevada  and  the  President 
of  the  Tinted  States  relating  to  the  use  of  national  troops  in  relation 
to  certain  disturbances  existing  or  anticipated  at  Goldfield,  in  the 
be  of  Nevada.  The  President  has  instructed  me  to  advise  you 
oilieially  that  he  has  caused  several  companies  of  the  Regular  Army 
to  proceed  to  the  locality  in  which  such  disturbances'  exist  or  are 
anticipated,  to  the  end  that  they  may  be  available  in  case  the  occa- 
sion contemplated  by  the  Constitution  and  the  laws  of  the  United 
States  for  their  interposition  shall  arise. 

The  calls  upon  the  President  on  the  part  of  the  government  of 
Nevada  for  the  interposition  of  troops  do  not  at  present  satisfy  the 
requirements  of  the  Constitution  and  the  laws  so  as  to  justify  orders 
that  the  military  force  now  at  Goldfield  shall  take  any  affirmative 
action.  If  such  action  should  be  desired  under  the  Constitution 
and  section  5297  of  the  Revised  Statutes  to  suppress  an  insurrection 
a  call  must  be  made  by  the  legislature  of  trie  State  unless  circum- 
stances are  such  that  the  legislature  can  not  be  convened,  and  no 
statement  or  intimation  has  been  made  that  the  legislature  of  Ne- 
vada can  not  be  convened.  Action  under  section  5298  of  the  Revised 
Statutes  relates  only  to  the  enforcement  of  the  laws  of  the  United 
States.  Action  under  section  5299  of  the  Revised  Statutes  is  to  be 
taken  not  upon  the  call  of  the  government  of  a  State,  but  upon  the 
judgment  or  the  President  of  the  United  States  that  some  portion 
or  class  of  the  people  of  a  State  are  denied  the  equal  protection  of 
the  laws  to  which  they  are  entitled  under  the  Constitution  of  the 
United  States.  Action  under  this  section  requires  the  production 
of  evidence  of  specific  facts  sufficient  to  sustain  a  judgment  by  the 
President  that  the  condition  described  in  the  statute  exists. 

A  mere  statement  of  domestic  disturbance  would  not  seem  to  be 
sufficient. 

The  facts  thus  far  stated  in  the  telegraphic  communications  from 
the  governor  of  Nevada,  high  and  unimpeachable  as  is  the  source,  do 
not  seem  sufficient  to  sustain  a  judgment  that  the  condition  described 
in  section  5299  exists. 


LABOR    TROUBLES    AT    C4OLDFIELD,    NEV.  7 

It  therefore  appears  that  the  communications  thus  far  received 
from  the  government  of  Nevada  do  not  constitute  or  furnish  the  basis 
for  authority  on  the  part  of  the  President  to  direct  the  use  of  the 
armed  forces  of  the  United  States  in  the  maintenance  of  public  order 
at  Goldfield. 

I  respectfully  suggest  that  if  in  your  judgment  such  interposition  is 
needed  you  furnish  further  evidence  of  facts  justifying  action  by  the 
President  under  section  5298  or  5299,  or  cause  the  legislature  of 
Nevada  to  be  convened  and  to  make  the  necessary  call  in  accordance 
with  the  Constitution  and  section  5297  of  the  Revised  Statutes. 

ELIHU  ROOT. 


Governor  Sparks  to  the  President. 

[Telegram.] 

GOLDFIELD,   NEV.,  December  15,   1907. 

(Received  December  16 — 9.20  a.  m.) 
The  PRESIDENT,  Washington,  D.  C. 

Fourteenth  from  Secretary  of  State.  Submit  that  conditions  in 
Goldfield  necessitates  presence  but  does  not  warrant  active  interven- 
tion of  United  States  troops.  However,  am  prepared  to  submit 
affidavits  of  more  than  one  hundred  representative  citizens  that  they 
have  been  deprived  of  their  rights  as  citizens  of  the  United  S ^  ates  ami 
of  State  of  Nevada.  Arrival  of  troops  in  Goldfield  undoubtedly  pre- 
vented rioting  and  other  disorder,  as  is  shown  by  statements  of  same 
people,  including  sheriff.  Although  active  intervention  of  United 
States  troops  not  now  necessary,  withdrawal  at  present  would  unques- 
tionably precipitate  disorder  which  local  and  State  authorities  would 
be  unable  to  control.  In  the  event  of  rioting  and  other  disorder 
justifying  military  intervention  will  make  requisition  in  accordance 
with  statutes. 

Desire  to  express  appreciation  of  your  prompt  action  in  sending 
United  States-troops  here  which  relieved  a  most  critical  condition  ancl 
hope  that  you  can  retain  troops  here  until  present  troubles  are  ad- 
justed Expect  to  remain  as  long  as  necessary. 

JOHN  SPARKS,  Governor. 


The  President  to  Governor  S paries. 

[Telegram.] 

THE  WHITE  HOUSE, 
Washington,  December  17,  1907. 
Hon.  JOHN  SPARKS, 

Governor  of  Nevada,  Goldfield,  Nev. 

I  sent  the  troops  at-  your  request  because  from  the  tenor  of  your 
telegrams  and  from  the  representations  made  me  by  the  two  Sena- 
tors from  Nevada  and  the  Member  of  the  Lower  House  of  Congress 
from  Nevada  it  appeared  that  an  insurrection  was  imminent  against 
which  the  State  authorities  would  be  powerless.  The  troops  have 
now  been  in  Goldfield  ten  days  and  no  insurrection  has  occurred,  and 
seemingly  no  circumstances  exist  to  justify  your  now  calling  on  me 
for  action  by  the  troops  under  the  provision  of  the  Constitution. 
The  troops  were  sent  to  Goldfield  to  be  ready  to  meet  a  grave  em  or- 


8  LABOB    TBO1  BLBS     \  r   BOLDFIELD,    NKV. 

j    \\lii.-li  seemed  liUelx  at  <mce  to  ari-e  and  to  provide  a  substi- 
»  for  the  exercise  l>y  the  State  of  its  police  function.     I  do  not 

at   liU-it\    to  leave  tliriii  indefinitely  under  such  circumstances 

that  i hex  \\  ill  in  ell'ect  he  performing  on  the  part  of  the  United  States 

tho-e  ordinary    duties  of   inaint aining  public  order  in  the  State  of 

uhich  K-t   upon  the  State  government.     As  the  legislature 

Nevada   h;i-  not   hrcn  convened,   1   am  hound  to  assume  that  the 

po\\.  d\   ve-teil  in  the  peace  officers  of  the  State  are  adequate, 

and  that  if  they  choose  to  do  90  they  can  maintain  order  themselves. 

I'ndcr  these  » 'iivum-taiices,  unless  there  be  forthwith  further  cause 

MI  to  jiMif\    keeping  the  troops  at  (Joldfield,  I  sliall  direct  that 

they  return  to  their  former  -tation. 

THEODORE  KOOSEVELT. 


.I//.V.NTN.   Murray,  AY/7/,  and  Smith,  to  the  President. 

[Telegram.] 

GOLDFIELD,  NEV.,  December  17,  1907. 
The  PKKSIDKNT  or   IIIK  UNITED  STATES, 

Washington,  D.  0. 

Have  con 'erred  with  Funston  and  governor  has  shown  us  all  tele- 
grams from  Washington,  including  that  of  to-day. 

<  Miditions  here  complex  and  probably  critical.  Suggest  that  no 
action  for  withdrawal  of  troops  be  taken  for  forty-eight  hours.  Will 
then  make  a  report  by  telegraph. 

MURRAY,  NEILL,  and  SMITH. 


Murray,  Neill.  and  Smith  to  the  President. 

[Te'egram.] 

GOLDFIELD,  NEV.,  December  20,  1907. 
The  PRESIDENT,  Washington,  D.  C. 

We  do  find  no  warrant  for  statement  that  there  has  been  or  is  a 
complete  collapse  of  civil  authority  here.  All  the  machinery  of  civil 
government  has  been  in  operation,  but  has  been  ineffective  in  dealing 
with  certain  forms  of  crime  because  local  sentiment  has  nullified  its 
action.  On  question  of  deportation,  the  evidence  only  sustains 
at  the  very  maximum  probably  25  cases  in  the  last  two  years. 
Last  March  a  very  acute  labor  dispute  existed,  lasting  some  weeks,  in 
which  the  city  was  practically  an  armed  camp.  Since  then  the  best 
evidence  we  have  indicates  the  number  with  arms  ordinarily  is  no 
larger  than  commonly  found  in  mining  camps.  Representatives  of 
trades  in  American  Federation  Labor  here  all  agree  that  practically 
no  members  of  their  crafts  have  felt  any  occasion  to  carry  arms  since 
acute  condition  of  last  March'.  Our  investigation  so  far  completely 
has  failed  to  sustain  the  general  and  sweeping  allegations  in  the 
governor  calling  for  troops,  and  the  impression  as  to  conditions  here 
given  in  that  call  is  misleading  and  without  warrant.  We  do  find  no 
evidence  that  any  condition  then  existed  not  easily  controlled  by  the 
local  authorities.  Neither  immediately  preceding  nor  since  the 
arrival  of  troops  has  there  been  any  particular  disorder,  but  imme- 
diately after  arrival  of  troops  mine  owners  announced  reduction  of 
wages  from  $5  to  $4,  and  positively  refused  employment  to  all  men 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  9 

who  do  not  agree  to  renounce  in  writing  the*  local  union,  although  a 
law  of  Nevada  prohibits  such  requirement.  Large  majority  of  our 
witnesses  assert  very  earnestly  that  if  troops  should  be  withdrawn 
now  and  owners  insist  upon  above  requirements  there  will  result 
serious  violence  directed  against  life  and  property.  Rifles  in  con- 
siderable numbers  brought  in  by  both  sides  sometime  ago  are  still 
believed  to  be  in  their  possession.  Many  say  they  will  leave  as  soon 
as  possible  if  troops  should  be  withdrawn,  and  we  believe  that  many 
of  them  are  sincere  in  these  assertions.  The  sheriff,  two  out  of  three 
of  the  county  commissioners,  two  members  of  the  legislature,  and  the 
district  attorney,  representing  nearly  all  civil  authority  of  the  county, 
have  been  before  us  to-night  in  long  conference. 

So  far  as  can  be  learned  no  county  officer  was  consulted  by  gov- 
ernor previous  to  calling  for  troops.  All  still  resent  his  action  and 
consider  it  was  unnecessary.  They  do  not  believe  there  has  been 
any  need  for  troops  here  up  to  date,  but  they  all  further  agree  and 
have  given  us  signed  statement  to  the  effect  that  the  new  element 
brought  into  situation  since  arrival  of  troops  create  a  dangerous  con- 
dition, and  they  recommend  troops  be  left  here  until  present  difficul- 
ties are  adjusted.  Although  desiring  the  continuance  of  troops  here, 
and  notwithstanding  they  have  given  us  a  signed  statement  to  that 
effect,  they  evade  the  assumption  of  any  responsibility  and  specific- 
ally refuse  to  say  that  local  authorities  would  be  unable  to  maintain 
law  and  order  if  should  be  withdrawn.  These  men  are  trying  to 
secure  the  benefit  of  Federal  assistance  to  more  easily  maintain  the 
public  order  for  which  they  are  responsible  and  at  the  same  time 
place  the  responsibility  on  the  President.  The  governor  states  to  us 
in  writing  that  he  will  not  convene  the  legislature  to  consider  call  for 
troops  nor  will  he  take  the  necessary  steps  to  form  a  State  military, 
as  is  legally  provided  for,  and  that  if  the  (troops)  should  be  with- 
drawn he  will  do  substantially  nothing.  In  other  words,  the  State 
authorities  propose  to  do  nothing,  but  wholly  rely  on  the  Federal 
authorities.  There  has  been  substantial  agreement  by  everybody 
who  appeared  before  us  that  the  number  of  violent  or  (criminal)  men 
in  the  organization  here  is  certainly  less  than  200.  With  a  popula- 
tion of  about  14,000  people  there  would  seem  to  be  no  good  reason 
why  the  civil  authorities  here  can  not  take  care  of  their  own  city. 
(If)  should  be  withdrawn  we  strongly  recommend  that  at  least  ten 
days'  notice  be  given  of  such  decision  in  order  to  give  the  sheriff 
time  to  prepare  fully.  We  expect  our  work  will  be  completed  Decem- 
ber 21  and  we  will  leave  here  that  day. 

MURRAY,  NEILL,  SMITH. 


The  President  to  Governor  Sparks. 

[Telegram.] 

THE  WHITE  HOUSE, 

Washington,  December  20,  1907. 
Hon.  JOHN  SPARKS, 

Governor  of  Nevada,  Goldfield,  Nev.: 

I  have  received  no  answer  from  you  to  my  telegram  of  December 
17,  in  which  I  said  that  unless  there  was  forthwith  further  cause 
shown  to  justify  keeping  the  troops  at  Goldfield  I  should  direct  their 


ID  LABOB    TK<>!   IU.KS    AT    GOLDFIELD,    NKV. 

return  to  their  former stations.  I  am  informed  by  the  three  repre- 
sentatives of  the  Department  of  Commerce  and  Labor  who  are  in 
Goldiield  hy  my  order  that  you  have  stated  to  them  in  writing  that 
von  \vill  not  eon  vein-  the  legislature  to  consider  call  for  troops  nor 
take  the  neeessarv  Btepa  t<>  form  a  State  military  force.  Their  report 
fnrtlier  Mktisfiefi  me  that  there  is  no  disturbance  threatened  which  the 
govern  ment  of  Nevada  ought  not  to  be  able  to  control  if  it  starts  to 
\\  ork  \\  ith  a  serious  purpose  to  do  so,  but  that  no  effort  is  being  made 
by  the  government  of  Nevada  to  take  the  steps  necessary  in  the 
matter.  1  stand  ready  to  see  that  the  National  Government  does 
its  full  constitutional  duty  in  the  matter  of  preserving  order,  but 
this  readme—  on  the  part  of  the  National  Government  does  not  excuse 
the  State  government  for  failure  to  perform  its  full  duty  in  the 
first  place.  Federal  aid  should  not  be  sought  for  by  the  State  as  a 
method  of  relieving  itself  from  the  performance  of  this  duty,  and  the 
State  should  not  be  permitted  to  substitute  the  Government  of  the 
United  States  for  the  government  of  the  State  in  the  ordinary  duties 
of  maintaining  order  within  the  State.  For  the  reasons  given  in  this 
and  my  former  telegram  I  have  accordingly  directed  the  troops  to 
return  to  their  former  stations  on  Monday,  December  30,  next. 

THEODORE  ROOSEVELT. 


Governor  Sparks  to  the  President. 

[Telegram. 

RENO,  NEV.,  December  22,  1907. 
THEODORE  ROOSEVELT, 

President  oj  the  United  States,  Washington,  D.  C.: 
I  am  preparing  a  letter  to  give  you  more  information  about  the 
situation  at  Goldneld.  The  presence  of  the  troops  have  prevented 
destruction  of  life  and  property.  If  you  suggest  I  would  like  to  con- 
sult with  you  in  person  at  Washington,  as  I  believe  I  could  be  of  more 
service  to  our  State  by  explaining  the  situation  in  person  than  by 
writing.  We  are  thankful  to  you  for  the  presence  of  the  troops  let 
their  stay  be  long  or  short. 

J.  SPARKS.  Governor. 


The  President  to  Governor  Sparks. 

[Telegram.]    ; 

THE  WHITE  HOUSE, 

December  23,  1907. 
Hon.  J.  SPARKS, 

Governor  of  Nevada,  Reno,  Nev.: 

I  will  await  your  letter  and  wire  you  after  its  receipt  whether  in  my 
judgment  it  would  serve  a  useful  purpose  for  you  to  come  to  Washing- 
ton. 

THEODORE  ROOSEVELT. 


LABOR    TROUBLES    AT    GOLDFIELD,    NEV.  11 

Governor  Sparks  to  the  President. 

[Telegram.] 

CARSON,  NEV.,  December  26,  1907. 
The  PRESIDENT,  Washington: 

As  chief  magistrate  of  the  State  of  Nevada,  I  have  been  of  the  opin- 
ion for  the  past  year  that  a  condition  bordering  on  domestic  violence 
and  insurrection  has  existed  in  the  Goldfield  mining  district.  There 
has  been  an  almost  constant  state  of  war  between  the  miners'  union 
and  the  mine  owners,  who  employ  the  members  of  the  union.  During 
the  year  1907  practically  one-fourth  of  the  time  was  occupied  in  actual 
strikes,  and  several  months  in  agitations  about  other  strikes.  With- 
out considering  the  merit  of  any  of  the  controversies,  it  is  only  neces- 
sary to  state  that  the  entire  district  became  divided  into  two  hostile 
camps — on  the  one  hand  the  miners  with  their  adherents  and  sym- 
pathizers, and  on  the  other  hand  the  mine  owners  with  their  adherents 
and  sympathizers.  The  union  alone  claimed  a  membership  of  3,000, 
and  fully  one-half  of  the  membership  were  constantly  armed.  Arms 
and  ammunition  were  purchased  and  kept  by  the  union  as  a  body. 
On  the  other  hand  the  mine  owners  had  in  their  employ  a  large  num- 
ber of  watchmen  and  guards  who  were  constantly  armed  and  on  duty. 
In  addition  to  these  forces  were  an  unusually  large  number  of  the  crimi- 
nal element  attracted  to  the  new  and  booming  mining  camp.  Under 
such  conditions  the  civil  authorities  were  practically  powerless. 
They  could  attend  to  the  ordinary  petty  offenders  from  day  to  day. 
but  at  the  first  conflict  between  the  real  armies  of  labor  and  capital 
they  would  have  been  swept  away. 

The  repeated  strikes  and  continued  threats  of  other  strikes  irritated 
the  mine  owners  more  and  more.  It  was  clear  to  me  therefore  that 
when  the  last  strike  was  called  in  the  midst  of  the  financial  crisis 
spreading  over  the  country,  and  with  a  long  winter  facing  the  20,000 
people  situated  upon  the  desert,  hundreds  of  miles  from  any  centers 
of  population,  that  it  was  time  to  recognize  the  actual  condition  of 
affairs  and  to  act  accordingly.  A  state  of  domestic  violence  and 
insurrection  arises,  in  my  judgment,  when  armed  bodies  are  in 
existence  with  sufficient  power  to  overcome  the  civil  authorities, 
and  continual  threats  were  made  of  the  destruction  of  life  and 
property.  This  condition  has  existed  in  the  Goldfield  mining  districts 
the  past  year  and  exists  there  now.  It  calls  for  the  presence  of  the 
troops  to  keep  the  peace.  As  this  condition  has  been  of  slow  growth 
it  will  take  time  to  remove  it.  In  my  judgment,  it  is  necessary  that 
troops  be  kept  at  Goldfield  an  indefinite  period  of  time.  They  should 
remain  there  until  both  sides  are  shown  that  the  district  is  not  to 
remain  an  armed  camp  and  a  scene  of  continual  warefare.  The 
communist  and  anarchist  must  seek  new  fields;  the  laboring 
man  be  convinced  that  arbitration  and  peaceful  methods  are  more 
certain  and  lasting  methods  of  improving  his  condition  than  by 
dynamite  and  the  shotgun.  This  can  only  come  about  with  time, 
and  for  the  present  and  sometime  in  the  future  the  strong  arm  of 
the  military  must  be  in  evidence  to  convince  all  that  no  other  method 
will  be  tolerated.  It  is  known  as  a  matter  of  legislative  history 
that  I  recommended  a  measure  at  the  last  session  having  for  its 
object  the  establishment  of  a  State  constabulary  along  the  lines  of 
the  Texas  Rangers,  which  was  rejected  by  that  body,  the  members 


12  LABOB     PKO!   BLB8    AT    GOLDFIELD,  NEV. 

thereof  Mill  being  in  olliee.  The  assembly  of  that  session,  with  the 
\oie  of  all  l»ut  one,  passed  a  resolution  denouncing  the  injustice 
.lone  Mo\er.  Ha\  \\ood,  and  IVttibone,  l>y  the  denial  of  a  speedy 
trial.  The  resolution,  however,  was  tabled  by  the  senate.  It  is  a 
matter  of  only  a  lew  \\ecks  since  I  called  for  the  opinions  of  different 
repn-ent  a  ti\ev  and  individual  citi/ens  of  the  State  generally  as  to 
the  ad\  i>al>ility  of  con  veiling  a  special  session  to  act  upon  a  then 
incy,  \\hieh,  however,  did  not  relate  to  the  present 
situation.  The  expressions  received  at  that  time  indicated  that 
!'*>  per  cent  of  the  people  wrere  opposed  to  such  an  extra  session, 
raphical  reasons  and  on  account  of  the  customary  ten  days' 
notice  to  memheis  it  \\ould  he  imj)ossible  to  convene  and  organize 
a  special  session  of  the  legislature  in  less  than  three  weeks,  presuming 
on  the  most  expeditious  action  on  the  part  of  the  members.  For 
the-e  reasons  I  deem  it  impossible  to  convene  the  legislature  in 
i "ii  to  meet  the  present  emergency  and  still  think  it 
highly  inadvisable. 

This  telegram  was  in  course  of  preparation  on  the  7th  instant, 
in  reply  to  your  telegram  of  that  date,  but  I  was  taken  ill  and  have 
only  just  returned  to  my  office.  I  am  now  sending  it  in  lieu  of  a 
letter  which  I  wired  you  was  in  course  of  preparation.  The  delay 
was  not  intentional  on  my  part  and  no  discourtesy  meant  thereby. 

JOHN  SPARKS,  Governor. 


The  Secretary  of  State  to  Senator  Newlands. 

DECEMBER  27,  1907. 

DEAR  SENATOR  NEWLANDS:  I  inclose  a  copy  of  Governor  Sparks' 
telegram  of  yesterday  to  the  President  regarding  the  conditions 
existing  in  the  Goldfield  mining  district  and  the  situation  in  Nevada 
generally. 

Faithfully,  yours,  .    ELIHU  ROOT. 

Hon.  FRANCIS  G.  NEWLANDS, 

United  States  Senate. 
(Inclosure  as  above.) 


The  Secretary  of  State  to  Mr.  Lqeb. 

DECEMBER  27,  1907. 

DEAR  MR.  LOEB:  I  inclose  a  draft  of  a  telegram4  which  has  been 
agreed  upon  in  conference  this  morning  between  Secretary  Taft, 
General  Oliver,  vourself,  and  myself  as  a  suitable  answer  for  the 
President  to  make  to  the  telegram  of  December  26  from  the  gov- 
ernor of  Nevada. 

Yours,  very  truly,  ELIHU  ROOT. 

WILLIAM  LOEB,  Jr., 

Secretary  to  the  President,  The  White  House. 
(Inclosure  asjabove.) 


LABOR  TROUBLES  AT  GOLDFIELD,- NEV.  13 

Mr.  Loeb  to  the  Secretary  of  State. 

DECEMBER  28,  1907. 

MY  DEAR  MR.  SECRETARY:  I  send  you  herewith  two  copies  of 
the  President's  telegram  of  to-day  to  Governor  Sparks  which  con- 
tains certain  modifications  of  the  draft  approved  by  Secretary  Taft 
and  you. 

The  President  has  wired  me  to  notify  Messrs.  Murray,  Smith,  and 
Neill  to  meet  him  at  the  White  House  at  9  o'clock  Monday  evening, 
and  he  requests  me  to  ask  you  if  you  can  come  to  the  White  House 
at  the  same  time.     Will  you  let  me  know  as  to  this? 
Very  truly,  yours, 

WM.  LOEB,  Jr., 
Secretary  to  the  President. 
Hon.  ELIHU  ROOT, 

Secretary  of  State. 
(Inclosures.) 


The  President  to  Governor  Sparks. 

[Telegram.] 

THE  WHITE  HOUSE,  December  28,  1907. 
Hon.  JOHN  SPARKS, 

Governor,  Carson  City,  Nev. 

Your  telegram  December  26  is  received.  It  in  effect,  declares  that 
you  have  failed  to  call  the  legislature  together  because,  in  your  judg- 
ment, the  legislature  would  not  call  upon  the  Government  of  the 
United  States  for  the  use  of  troops,  although  in  your  opinion  it  ought 
to  do  so.  The  Constitution  of  the  United  States  imposes,  not  upon 
you,  but  upon  the  legislature,  if  it  can  be  convened,  the  duty  of  calling 
upon  the  Government  of  the  United  States  to  protect  the  State  of 
Nevada  against  domestic  violence.  You  now  request  me  to  use 
the  armed  forces  of  the  United  States  in  violation  of  the  Constitu- 
tion because  in  your  judgment  the  legislature  would  fail  to  perform 
its  duty  under  the  Constitution.  The  State  government  certainly 
does  not  appear  to  have  made  any  serious  effort  to  do  its  duty  by 
the  effective  enforcement  of  its  police  functions.  I  repeat  again 
what  I  have  already  said  to  you  several  times,  that  under  the  circum- 
stances now  existing  in  the  State  of  Nevada  as  made  known  to  me, 
an  application  from  the  legislature  of  the  State  is  an  essential  condi- 
tion to  the  indefinite  continuance  of  the  troops  at  Goldfield.  Cir- 
cumstances may  change,  and  if  they  do  I  will  take  whatever  action  the 
needs  of  the  situation  require  so  far  as  my  constitutional  powers 
permit.  But  the  first  need  is  that  the  State  authorities  should  do 
their  duty,  and  the  first  step  toward  this  is  the  assembling  of  the 
legislature.  It  is  apparent  from  your  telegram  that  the  legislature 
of  Nevada  can  readily  be  convened.  You  have  fixed  the  period  of 
three  weeks  as  the  time  necessary  to  convene  and  organize  a  special 
session.  If  within  five  days  from  the  receipt  of  this  telegram  you 
shall  have  issued  the  necessary  notice  to  convene  the  legislature  of 
Nevada,  I  shall  continue  the  station  of  the  troops  at  Goldfield  during 
such  period  of  three  weeks.  If  within  the  term  of  five  days  such 
notice  has  not  been  issued,  the  troops  will  be  immediately  returned 
to  their  former  stations. 

THEODORE  ROOSEVELT. 


14  LABOR  TBOUBUE8    AT   uoLDFIELD,    NKV. 

Governor  Sparks  to  the  President. 

(Telegram.] 

RENO,  NEV.,  December  29,  1907. 
Hon.  Tin  <>IM>I;I:    KoosEVELT, 

President  of  ih  e  Un  lt«l  St<itt  0 . 

I  am  no\\  pivpnrini:  proclamation  for  extra  session  of  Nevada 
loirislatmv.  \Vill  forward  same  to  you  when  complete.  Many 
thanks  for  your  messi 

JOHN  SPARKS,  Governor. 

The  Secretary  of  State  to  Senator  Newlands. 

DEPARTMENT  or  STATE, 
Washington,  December  30,  1907. 

MY  DEAR  SENATOR:     I  sent  you  a  copy  of  the  President's  dis- 
patch to  the  governor  of  Nevada  of  this  date,  and  also  a  copy  of  my 
dispatch  of  November  14. 
Faithfully,  yours, 

ELIHU  ROOT. 
Hon.  F.  G.  NEWLANDS, 

United  States  Senate. 
(Inclosures  as  above.) 


Governor  Sparks  to  the  President. 

[Telegram.] 

CARSON,  NEV.,  December  30,  1907. 
The  PRESIDENT,  Washington. 

Copy  of  proclamation  calling  special  session  of  the  legislature|to 
convene  January  14  mailed  you  to-day.  Will  rush  matters  to  ad- 
justment as  rapidly  as  possible. 

JOHN  SPARKS,  Governor. 


Proclamation  by  Governor  of  Nevada. 

STATE  OF  NEVADA — PROCLAMATION  BY  THE  GOVERNOR. 

To  the  honorable  the  members  of  the  Twenty-third  Session  of  the  Legisla- 
ture of  the  State  of  Nevada. 

GENTLEMEN:  The  constitution  of  this  State,  Article  V,  Section 
IX,  provides  that  "the  Governor  may,  on  extraordinary  occasions, 
convene  the  legislature  by  proclamation,  and  shall  state  to  both 
houses,  when  organized,  the  purpose  for  which  they  have  been  con- 
vened, and  the  legislature  shall  transact  no  legislative  business  ex- 
cept that  for  which  they  were  specially  convened,  or  such  other 
legislative  business  as  the  governor  may  call  to  the  attention  of  the 
legislature  while  in  session. " 

Believing  that  an  extraordinary  occasion  now  exists  and  one  which 
the  legislature,  being  a  coordinate  branch  of  the  State  government,  is 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  15 

best  prepared  to  solve,  it  becomes  my  duty,  by  proclamation,  to 
convene  the  legislature  at  Carson  City,  Nev.,  on  the  14th  day  of 
January,  A.  D.  1908. 

This  request  has  been  made  by  many  citizens,  the  object  being 
to  adjust  by  legislation,  if  possible,  the  controversy  existing  between 
the  miners  and  mine  owners  at  Goldfield,  this  State.  Such  legislation 
should  be  general  in  character  and  impartially  applicable  for  the 
restoration  and  preservation  of  law  and  order. 

Under  the  constitution,  as  above  cited,  the  governor  shall  state  to 
both  houses,  when  organized,  the  purpose  for  which  they  have  been 
convened.  When  that  time  arrives,  I  will  endeavor  to  outline  to 
you  the  necessary  legislation  required,  and  will  give  hearty  coopera- 
tion in  the  attempt  to  secure  to  every  citizen  of  Nevada  their  just 
rights  freely  to  be  exercised  under  the  law. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
great  seal  of  State  to  be  affixed.  Done  at  Carson  City,  State  of  Nevada, 
this  30th  day  of  December,  A.  D.  1907. 

[SEAL.]  JOHN  W.  SPARKS,  Governor. 

Attest : 

W.  G.  DOUGLASS,  Secretary  of  State. 


TJie  President  to  Governor  Sparks. 

WASHINGTON,  January  4:  1908. 

SIR:  I  have  received  the  copy  of  your  proclamation,  dated  Decem- 
ber 30,  1907,  summoning  the  legislature.  As  I  have  notified  you,  the 
troops  will  stay  for  three  weeks  from  the  date  of  this  call,  so  that  the 
legislature  can  meet  and  opportunity  be  given  the  State  authorities  to 
take  efficient  action  for  the  preservation  of  the  public  peace  in  the  ex- 
ercise of  the  police  powers  of  the  State.  I  call  your  special  attention 
to  the  telegram  sent  to  you  on  December  14  by  the  Secretary  of  State. 
This  sets*  out  what  must  be  shown  as  a  matter  of  actual  fact  to  exist  in 
order  to  warrant  the  President  in  acting  on  the  request  of  the  State 
authorities.  The  action  must  be  either  to  suppress  an  insurrection 
which  the  State  authorities  are  unable  to  suppress,  or  to  secure  to  some 
portion  or  class  of  the  people  of  the  State  the  equal  protection  of  the 
laws  to  which  they  are  entitled  under  the  Constitution  of  the  United 
States,  and  which  is  denied  them.  Action  under  this  or  any  other 
section  requires  the  production  of  evidence  sufficient  to  sustain  a  judg- 
ment by  the  President  that  the  condition  described  in  the  statute  exists. 
A  mere  statement  of  domestic  disturbance,  still  less  a  mere  statement 
of  apprehension  of  domestic  disturbance,  is  not  sufficient,  even  thpugh 
it  comes  from  as  high  and  unimpeachable  a  source  as  the  governor  of 
a  State.  Such  communication  from  the  governor  or  from  the  legisla- 
ture warrants  the  President  in  taking  immediate  steps  to  put  himself  in 
readiness  to  act,  in- view  of  the  probability  of  conditions  arising  which 
will  require  his  action.  I  accordingly  sent  the  troops  to  Nevada  on  your 
request,  and  I  have  now  directed  that  they  be  kept  there  pending  the 
assembling  of  the  legislature.  Meanwhile,  I  sent  out  Assistant  Secre- 
tary of  Commerce  and  Labor  Lawrence  O.  Murray,  Commissioner  of 
Corporations  Herbert  Knox  Smith,  and  Commissioner  of  Labor 
Charles  P.  Neill  to  investigate  and  report  to  me  the  actual  condition  of 


It*.  I.AKoR    TR<>:    BLK8     AT    (iOLDFIELD,    NKV. 

alV:mx  in  (mldliold.  1  have  just  received  n  report  from  these  three 
klemen,  which  Beta  forth  in  the  most  emphatic  hmgtuigc  their  be- 
lief, after  a  careful  investigation  on  the  ground,  that  there  was  no 
\\airant  \\hatevei-  for  railing  up°n  the  President  for  troops,  and  that 
the  trnopx  ,h.>'.ild  n.»i  he  kept  indefinitely  at  (ioldfiold.  The  report 
further  Mates  that  there  WB&  no  insurrection  against  the  power  of  the 
i  h»  time  (lie  troops  were  called  for,  that  nobody  supposed  that 
thei  'ch  an  in^  irrection,  and  that  none  of  the  conditions  de- 

•  «M|  in  section  .YJ^T-.Y-MM)  of  the  Revised  Statutes  as  warranting 
interference  by  the  1'Vderal  (Jovernment  (fisted,  and  that  the  effort 

:nid  is  plainlv  an  effort  by  the  State  of  Nevada  to  secure  the  pe  - 
formanve  by  the  Tinted  States  of  the  ordinary  police  duties  which 

id.  as  a  matter  of  course,  be  performed  by  Nevada  herself.  The 
report  further  sa; 

Tlu-iv  is  absolutely  no  question  that  if  the  State  of  Nevada  and  the  county  of  Esme- 
ralda  exeivised  the  powers  ni  their  disposal  they  can  maintain  satisfactory  order  in 
(lold  field:  that  so  far  those  authorities  have  done  nothing,  but  are  relying  upon  Fed- 
eral aid,  and  their  attitude  now  is  expressly  that  of  refusing  to  do  anything  and  desir- 
ing to  throw  their  own  burdens  upon  the  Federal  Government  for  the  maintenance  of 
those  elementary  conditions  of  order  for  which  they,  and  they  only,  are  responsible. 

'The  signers  of  the  report  express  their  conviction  that  the  troops 
should  remain  in  Nevada  until  the  assembling  of  the  legislature,  so  as 
to  preserve  the  status  quo  in  order  that  the  legislature  may  deal  with 
the  situation  as  it  exists;  but  that  shortly  thereafter  the  troops 
should  be  removed. 

I  agree  with  the  recommendations  of  this  report,  of  which  I  inclose 
a  copy,  and  shall  act  accordingly.  Unless  it  can  be  shown  that  the 
statements  of  the  report  are  not  in  accordance  with  the  facts,  it  will 
be  incumbent  upon  the  legislature  of  Nevada,  when  it  convenes, 
itself  to  provide  for  enforcing  the  laws  of  the  State.  The  State  of 
Nevada  must  itself  make  a  resolute  effort  in  good  faith  to  perform 
the  police  duties  incident  to  the  existence  of  a  State. 
Sincerely,  yours, 

THEODORE  ROOSEVELT, 
Hon.  JOHN  SPARKS, 

Governor  of  Nevada,  Carson  City,  Nev. 


Report  of  Messrs.  Murray,  Neill,  and  Smith  to  the  President. 

DECEMBER  30,  1907. 

SIR:  On  December  11,  1907,  you  issued  to  us  the  following  instruc- 
tions: 

You  are  hereby  directed  to  proceed  immediately  to  Goldfield,  Nev.,  and  make  an 
investigation  at  that  place  into  the  conditions  existing  there  at  this  time,  and  you  will, 
on  your  return  to  \Vashington,  submit  a  report  to  me  personally. 

All  Federal  officials,  both  civil  and  military,  are  hereby  directed  to  render  you  any 
assistance  that  you  may  need  and  to  give  you  access  to  any  information,  papers,  or 
documents  that  they  may  have  bearing  on  the  situation. 

In  accordance  therewith  we  left  Washington  on  the  afternoon  of 
December  11,  arriving  at  Goldfield,  Nev.,  in  the  evening  of  the  15th, 
and  proceeded  at  once  to  make  the  investigation  directed.  We  gave 
our  entire  time  to  this  object,  continuing  hearings  and  interviews  every 
day  and  usually  until  midnight,  with  the  help  of  one,  and  later  two, 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  17 

stenographers,  until  the  morning  of  December  21,  when  we  left  Gold- 
field  and  returned  to  Washington. 

Immediately  upon  our  arrival  in  Goldfield  we  conferred  with  Gen- 
eral Funston,  who  had  been  investigating  the  situation  there  for 
several  days  previous  to  .our  arrival,  and  who  remained  for  some  days 
and  assisted  us  in  every  way  in  our  work.  We  next  discussed  the 
situation  fully  with  the  governor  of  the  State,  who  was  at  Goldfield, 
and  then  met  a  committee  from  the  miners'  union  and  the  executive 
committee  of  the  Goldfield  Mine  Operators'  Association.  We  thus 
obtained  at  the  outset  a  comprehensive  preliminary  survey  of  the 
general  situation. 

The  Mine  Operators'  Association,  through  their  counsel,  then  pre- 
sented to  us  a  general  statement  of  their  side  of  the  case,  and,  as  they 
were  the  persons  primarily  desiring  the  coming  and  the  retention  of 
the  troops,  we  informed  them  that  we  would  regard  this  written 
statement  as  analogous  to  the  plaintiff's  complaint  in  a  court  action, 
and  that  we  would  at  once  call  upon  them  to  make  out  their  case,  and 
lay  upon  them  the  responsibility  of  producing  as  rapidly  as  possible 
the  evidence  therein,  reserving  to  ourselves,  of  course,  the  right  to 
hear  thereafter  evidence  on  the  other  side.  They  agreed  to  this  pro- 
cedure, which  seemed  to  be  the  most  practical  way  of  handling  the 
matter,  and  for  several  days  brought  before  us  numerous  witnesses, 
documents,  and  other  evidence  intended  to  substantiate  the  allega- 
tions of  their  co-called  complaint  and  demonstrate  the  need  for 
Federal  troops.  Their  counsel  was  informed  that  our  primary 
object  was  to  secure  information  bearing  on  the  question  as  to  what 
justification  existed  for  the  call  for  Federal  troops  and  for  their  con- 
tinuance at  Goldfield,  and,  after  several  days  of  hearings,  on  Decem- 
ber 20  he  assured  us  that  he  had  produced  substantially  the  best 
evidence  on  his  side  of  the  case,  that  anything  more  he  might  bring 
would  be  simply  cumulative,  and,  in  substance,  that  he  rested  his 
case  on  what  he  had  presented. 

Inasmuch  as  we  were  by  this  time  satisfied  that  the  mine  operators 
had  not  in  any  particular  established  a  case  justifying  either  the 
bringing  or  the  retention  of  the  troops,  w.e  did  not  deem  it  necessary 
to  take  any  extensive  evidence  on  the  other  side,  and  the  hearing  was 
substantially  closed  with  a  brief  formal  interview  with  the  said 
committee  from  the  miners'  union. 

THE    QUESTION    BEFORE    THE    COMMISSION. 

The  Federal  troops  had  been  sent  to  Goldfield  on  the  request  of  the 
governor  of  Nevada,  da£ed  December  5,  1907,  and  we  made  it  there- 
fore the  primary  object  of  our  work  to  ascertain,  first,  whether  the 
state  of  facts  existing  in  Goldfield  prior  to1  and  at  the  arrival  of  the 
troops  corresponded  with  the  allegations  of  said  request  of  the  gov- 
ernor of  Nevada,  and  gave  sufficient  ground  for  the  sending  of  the 
troops,  and,  second,  whether  the  conditions  existing  at  Goldfield 
upon  the  arrival  of  the  troops  and  up  to  and  during  the  time  of  pur 
stay  there  afforded  a  sufficient  basis  for  their  retention  at  that  point, 
and, .if  so,  for  what  period  they  should  be  retained. 

Incidentally,  we  necessarily  informed  ourselves  briefly  as  to  the 
merits  of  the  industrial  controversy  there  existing,  but  only  so  far  as 
H.  Doc.  607,  60-1 2 


18  LAltni:    FBOUBLB8    AT    (H)LDFIELD,   NEV. 


(he  same  had  >omr  hearing  on  (lie  question  of  law  and  order  and  the 
juvsriuv  of  the  Federal  troops.  Any  complete  or  satisfactory  exami- 
nation int"  the  general  merits  of  the  industrial  dispute  would  have 
covered  ma  -  and  would  have  been  impossible  for  us  to  make, 

having  a>  \\  e  did  no  nouer  to  administer  oaths  or  compel  the  attend- 
ance of  \\itnesses  or  the  production  of  evidence. 

Inasmuch  as  the  troops  are  still  in  Goldlield  and  the  question  of 
their  retention  there  is  an  important  issue,  we  deem  it  proper  to  sub- 
mit to  you  herewith  a  report  bearing  on  this  question,  and  we  there- 
fore direct  our  findings  in  this  report  to  a  consideration  of  those  facts 
which  are  relevant  to  this  question  in  view  of  the  requirements  of 
section  -l  of  Article  IV  of  the  Constitution,  sections  5297,  5298,  and 
5299  of  (he  Revised  Statutes,  .and  the  act  of  June  18,  1878,  and  to  a 
consideration  of  the  question  as  to  what  facts  existed  at  Goldfield 
before  and  since  the  arrival  of  the  troops  to  constitute  the  grounds  of 
action  described  by  the  said  article  of  the  Constitution  and  the  said 
statutory  sections. 

[Section  5298,  Revised  btatutes.] 
INSURRECTION   AGAINST  THE    GOVERNMENT   OF  THE   UNITED   STATES. 

Whenever,  by  reason  of  unlawful  obstructions,  combinations,  or  assemblages  of  per- 
sons, or  rebellion  against  the  authority  of  the  Government  of  the  United  States,  it  shall 
become  impracticable,  in  the  judgment  of  the  President,  to  enforce,  by  the  ordinary 
course  of  judicial  proceedings,  the  laws  of  the  United  States  within  any  State  or  Terri- 
tory, it  shall  be  lawful  for  the  President  to  call  forth  the  militia  of  any  or  all  the  States, 
and  to  employ  such  parts  of  the  land  and  naval  forces  of  the  United  States  as  he  may 
deem  necessary  to  enforce  the  faithful  execution  of  the  laws  of  the  United  States,  or 
to  suppress  such  rebellion,  in  whatever  State  or  Territory  thereof  the  laws  of  the  United 
Suites  may  be  forcibly  opposed,  or  the  execution  thereof  forcibly  obstructed. 

[Section  5299,  Revised  Statutes.] 
POWER  TO    SUPPRESS   INSURRECTION    IN    VIOLATION    OF   CIVIL   RIGHTS. 

Whenever  insurrection,  domestic  violence,  unlawful  combinations,  or  conspiracies 
in  any  State  so  obstructs  or  hinders  the  execution  of  the  laws  thereof,  and  of  the  United 
States,  as  to  deprive  any  portion  or  class  of  the  people  of  such  State  of  any  of  the  rights, 
privileges,  or  immunities,  or  protection,  named  in  the  Constitution  and  secured  by 
the  laws  for  the  protection  of  such  rights,  privileges,  or  immunities,  and  the  constituted 
authorities  of  such  State  are  unable  to  protect,  or,  from  any  cause,  fail  in  or  refuse  pro- 
tection of  the  people  in  such  rights,  such  facts  shall  be  deemed  a  denial  by  such  State 
of  the  equal  protection  of  the  laws  to  which  they  are  entitled  under  the  Constitution 
of  the  United  States;  and  in  all  such  cases,  or  whenever  any  such  insurrection,  vio- 
lence, unlawful  combination,  or  conspiracy,  opposes  or  obstructs  the  laws  of  the  United 
States,  or  the  due  execution  thereof,  or  impedes  or  obstructs  the  due  course  of  justice 
under  the  same,  it  shall  be  lawful  for  the  President,  and  it  shall  be  his  duty,  to  take 
such  measures,  by  the  employment  of  the  militia  or  the  land  and  naval  forces  of  the 
United  States,  or  of  either,  or  by  other  means,  as  he  may  deem  necessary,  for  the  sup- 
pression of  such  insurrection,  domestic  violence,  or  combinations. 

Revised  Statute  5298  deals  only  with  insurrections  against  the 
Government  of  the  United  States;  Revised  Statute  5299  deals  only 
with  violation  of  rights,  privileges,  immunities,  or  protection  secured 
by  the  Constitution  of  the  United  States.  These  two  sections  may 
be  therefore  dismissed  from  consideration  with  the  simple  statement 
that  there  is  absolutely  no  evidence  showing  the  existence  of  any  in- 
surrection against  the  Government  of  the  United  States  or  the  viola- 
tion of  any  Federal  rights. 

Section  4,  Article  IV,  of  the  Constitution  provides  as  follows: 

_  The  United  States  shall  guarantee  to  every  State  in  this  Union  a  republican  form  of 
Government,  shall  protect  each  of  them  against  invasion;  and  on  application  of  the 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  19 

legislature,  or  of  the  executive  (when  the  legislature  can  not  be  convened)  against 
domestic  violence. 

Section  5297,  Revised  Statutes,  based  on  the  above  constitutional 
provision,  is  as  follows: 

In  case  of  an  insurrection  in  any  State  against  the  government  thereof,  it  shall  be 
lawful  for  the  President,  on  application  of  tlje  legislature  of  such  State,  or  of  the  execu- 
tive, when  the  legislature  can  not  be  convened,  to  call  forth  such  number  of  the  militia 
of  any  other  State  or  States,  which  may  be  applied  for,  as  he  deems  sufficient  to  sup- 
press such  insurrection;  or,  on  like  application,  to  employ,  for  the  same  purposes,  such 
part  of  the  land  or  naval  forces  of  the  United  States  as  he  deems  necessary. 

Act  June  18,  1878,  chapter  262,  section  15: 

From  and  after  the  passage  of  this  act  it  shall  not  be  lawful  to  employ  any  part  of 
the  Army  of  the  United  States,  as  a  posse  comitatus,  or  otherwise,  for  the  purpose  of 
executing  the  laws",  except  in  such  cases  and  under  such  circumstances  as  such  em- 
ployment of  said  force  may  be  expressly  authorized  by  the  Constitution  or  by  act  of 
Congress;  and  no  money  appropriated  by  this  act  shall  be  used  to  pay  any  of  the  ex- 
penses incurred  in  the  employment  of  any  troops  in  violation  of  this  section;  and  any 
person  willfully  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  on  conviction  thereof  shall  be  punished  by  fine  not  exceeding  ten 
thousand  dollars  or  imprisonment  not  exceeding  two  years  or  by  both  such  fine  and 
imprisonment. 

The  said  constitutional  section  and  the  said  statute  based  thereon, 
together  with  said  act  of  June  18,  1878,  being  clearly  the  only  pro- 
visions of  law  possibly  applicable  in  the  premises,  we  took  them  as  a 
guide  for  our  investigation  into  the  facts  existing  at  Goldfield.  It  is 
true  that  the  call  of  the  governor  of  Nevada  of  December  5  was  appar- 
ently based  upon  and  followed  largely  the  wording  of  section  5299, 
probably  under  a  misapprehension  of  the  force  of  that  section.  The 
attorney-general  of  the  State  informed  us  that  he  had  been  consulted 
in  the  preparation  of  the  call  and  that  it  had  been  based  upon  section 
5299.  The  governor  stated  in  that  call,  however,  that  certain  facts 
existed,  which  facts,  if  sufficiently  verified,  and  if  broad  enough  in 
their  scope  and  important  enough  in  their  bearings,  might  conceivably 
furnish  sufficient  grounds  for  Federal  action  under  section  5297, 
Revised  Statutes,  and  although,  as  above  set  forth,  it  was  obvious  that 
the  governor  in  framing  the  said  request  had  before  him  especially 
section  5299,  which  was  wholly  inapplicable,  nevertheless  it  was  of 
course  necessary  to  look  rather  at  the  substance  than  at  the  form  of 
the  request  and  to  ascertain  whether  the  facts  so  stated  formed  a  basis 
of  action  under  section  5297,  Revised  Statutes.  The  request  of  the 
governor  was  as  follows : 

UNITED  STATES  OF  AMERICA, 

State  of  Nevada,  ss. 
To  His  Excellency  Theodore  Roosevelt,  President  of  the  United  States,  from  Hon.  John 

Sparks,  Governor  of  the  State  of  Nevada: 

At  Goldfield,  Esmeralda  County,  State  of  Nevada,  there  does  now  exist  domestic 
violence  and  unlawful  combination  and  conspiracies,  which  do  now  so  obstruct,  and 
continue  to  obstruct  and  hinder,  the  execution  of  the  laws  of  the  State  of  Nevada,  and 
now  deprive,  and  continue  to  deprive,  the  poeple  of  said  section  of  the  State  of  the 
rights,  privileges,  immunities,  and  protection  named  in  the  Constitution  of  the  United 
States,  and  of  the  State  of  Nevada,  and  which  are  secured  by  the  laws  for  the  protection 
of  such  rights,  privileges,  and  immunities;  and  the  constituted  authorities  of  the  State 
of  Nevada  are  now,  and  continue  to  be,  unable  to  protect  the  people  in  such  rights;  and 
the  reason  of  such  inability  and  the  particulars  thereof  are  the  following,  to  wit: 

Unlawful  dynamiting  of  property;  commission  of  felonies;  threats  against  the  lives 
and  property  of  law-abiding  citizens;  the  unlawful  possession  of  arms  and  ammunition 
and  the  confiscation  of  dynamite,  with  threats  of  the  unlawful  use  of  the  same  by  pre- 
concerted action. 


20  LACOK    TKorm.Ks     \1     <;<>U>HKLD,    NEV. 


The  la\\  fully  «»,iist  it  u(  r.lautlutritiiaof  this  State  are  unable  to  apprehend  and  punish 
ti,,.  ;  i.l  <  Times,  and  to  prevent  the  commission  of  other  threatened 

dim.  s.  ami  unless  the  relief  hereinafter  requested  is  granted,  this  State,  and  the  lives 
and  prop.  MY  »i'  lar-je  miinher  of  its  people,  \yill  be  irreparably  affected  and  damaged, 
rontrarv  to  the  p.  aee  and  diirnity  of  the  United  States  and  of  the  State  of  Nevada; 

Theivfotv.  pursuant  to  article  -i.  section  4,  of  the  Constitution  of  the  United  States, 
:u,d  ;  >297  and  .'>-'.»!'  of  the  Revised  Statutes  thereof,  I,  John  Sparks,  governor, 

d.>  herel.y  i.  sp.'d  fully  reqn.  st  that  Your  Excellency  Theodore  Roosevelt,  President, 
do  Immediately  Bend  to  <!oldiirld,  Ksmeralda  County,  Nevada,  two  companies  of  the 
troops  oi'  the  Army  of  tin-  I'nitc-d  States,  to  suppress  unlawful  disorder  and  violence,  to 
protect  life  ami  prop.  -rty,  to  restore  peace,  and  to  insure  protection  of  law  to  the  people 
ni  tin-  staii-  of  Nevada. 

In  \vitiu  ss  \vlu  r.-of,  1  have  hereiintoset  my  hand  and  caused  the  great  seal  of  the  State 
to  1..  -ailtxed.  at  the  Capitol,  Carson  City,  Nevada,  on  this  fifth  day  of  December,  A.  D., 

1907. 

JOHN  SPARKS,  Governor. 

(Great  Seal  of  State.) 

Wliile  the  first  part  contains  a  number  of  allegations,  they  are  gen- 
eral and  formal  in  nature.  The  specific  statements  of  fact  con- 
tains! in  the  call  appear  in  the  second  paragraph. 

FACTS   AS   TO   SITUATION   IN    GOLDFIELD. 

Witli  these  legal  considerations  in  view,  our  findings  are  as  follows: 
There  has  existed  at  Goldfield,  w^hich  is  exclusively  a  mining  town 
of  an  estimated  population  of  between  15,000  and  20,000  in  South 
Nevada,  for  over  a  year  past,  and  especially  since  the  spring  of  1907, 
a  disturbed  industrial  situation,  due  to  frequently  recurring  labor  diffi- 
culties between  the  mine  operators  on  the  one  hand  and  the  miners 
on  the  other.  The  two  sides  were  represented  almost  completely  by 
the  Gojdfield  Mine  Operators'  Association,  including  almost  air  the 
owners,  operators,  or  lessees  of  mines  on  the  one  hand,  and  by  the 
local  union  of  the  Western  Federation  of  Miners  on  the  other,  a  union 
comprising  substantially  all  the  miners  in  Goldfield.  This  union, 
known  as  Goldfield  Miners'  Union  No.  220,  is  a  branch  of  the  general 
organization  known  as  the  Western  Federation  of  Miners.  It  has 
carried  on  its  rolls  a  membership  estimated  at  above  three  thousand 
men,  which  number,  however,  included  members  of  crafts  in  Goldfield 
others  than  workers  in  and  about  mines.  Figures  furnished  us  by  the 
mine  operators  showed  that  about  1,900  mine  workers  went  on  strike 
on  November  27,  1907.  Although  a  number  of  strikes  and  minor 
difficulties  had  occurred  during  1907,  the  only  acute  situation  arising 
prior  to  the  call  for  troops  existed  in  the  spring  of  1907.  This  con- 
troversy involved  not  only  a  dispute  between  the  mine  owners  and 
the  miners  at  Goldfield  but  also  between  members  of  the  miners7 
union  and  the  members  of  other  crafts  in  Goldfield  affiliated  with  the 
American  Federation  of  Labor.  The  Goldfield  miners'  union  was 
also  affiliated  with  the  organization  known  as  The  Industrial  Workers 
of  the  World,  and  an  effort  was  made  to  force  members  of  other  crafts 
not  affiliated  with  this  organization  to  join  its  ranks.  Not  only  the 
Mine  Owners'  Association  and  members  of  the  miners'  union  went 
armed,  but  members  of  crafts  not  affiliated  with  The  Industrial 
Workers  of  the  World  felt  it  necessary  to  carry  arms  to  protect  them- 
selves while  at  their  work.  The  condition  of  Goldfield  at  that  time 
was  that  of  an  armed  camp,  and  for  a  time  a  serious  clash  seemed 
imminent.  The  controversy  resulted  in  a  murder  of  a  restaurant 
keeper  and  aroused  such  opposition  against  The  Industrial  Workers 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  21 

of  the  World  that  a  ban  was  practically  put  upon  them  and  the  organi- 
zation under  that  name  was  forced  to  abandon  Goldfield.  This  acute 
situation  disappeared  before  the  end  of  the  spring  of  1907. 

A  succession  of  miners'  strikes,  however,  had  taken  place  through- 
out 1907,  some  of  them  with  apparently  little  justification,  and  al- 
though the  operators  had  yielded  to  nearly  all  the  demands  of  the 
union,  it  seemed  impossible  to  secure  any  settled  industrial  condi- 
tions. The  mine  operators  insist  that  the  socialistic  doctrine  adopted 
and  preached  by  the  Western  Federation  of  Miners  practically  justified 
the  stealing  of  ore  by^  the  miner.  Some  of  the  mines  at  Goldfield 
are  among  the  richest  in  the  world.  They  maintain,  and  of  this  there 
is  little  doubt,  that  this  phenomenally  rich  ore  is  daily  stolen  to  the 
amount  of  many  hundreds  of  dollars  by  some  of  the  miners,  and  that 
the  representatives  of  the  union  have  resisted  and  attempted  to  nul- 
lify reasonable  attempts  on  the  part  of  the  mine  owners  to  protect 
themselves  against*  these  thefts  by  "change  rooms,"  or  otherwise. 

The  industrial  situation  was  further  aggravated  by  the  fact  that 
the  Goldfield  union  would  not  enter  into  any  contract  governing 
working  conditions  for  any  specified  length  of  time,  and  the  mine 
operators,  therefore,  could  have  no  assurance  at  any  time  that  any 
settlement  of  a  dispute  was  more  than  a  temporary  makeshift,  nor 
could  they  secure  any  assurance  of  stable  industrial  conditions  for 
any  fixed  length  of  time. 

Moreover,  the  Goldfield  Miners'  Union  embraces  in  one  single  union 
not  only  the  various  crafts  working  in  and  about  the  mines,  but  also 
clerks,  waiters,  bartenders,  and  other  miscellaneous  crafts  and  avo- 
cations in  Goldfield. 

On  November  27,  1907,  a  strike  of  the  miners  was  inaugurated  and 
is  still  in  effect.  This  strike  grew  out  of  a  refusal  on  the  part  of  the 
miners  to  accept  cashiers'  checks  in  payment  of  their  wages.  The 
miners  insisted  upon  some  form  of  guarantee  by  the  mine  operators 
of  whatever  paper  was  accepted  in  lieu  of  cash.  Various  propositions 
were  made,  but  no  basis  of  agreement  was  reached. 

The  merits  of  this  controversy  are  not  of  importance  here,  as  we  are 
concerned  solely  with  the  question  of  whether  or  not  conditions  war- 
ranted the  calling  for  Federal  troops.  The  mine  operators  insist  that 
the  attitude  of  the  miners  in  refusing  to  accept  cashiers'  checks  in 
payment  of  wages  in  the  then  acute  currency  condition  of  the  country 
was  unjustifiable,  and  that  this  as  a  culmination  to  their  past  expe- 
rience exhausted  their  patience  and  definitely  determined  them  to 
make  a  final  break  with  the  Western  Federation  of  Miners  and  estab- 
lish their  permanent  independence  of  that  organization.  The  miners 
contend  that  their  demand  for  a  guarantee  of  the  scrip  by  the  mine 
operators  was  entirely  proper  and  just,  and  that  the  mine  operators 
sought  a  strike  as  a  means  to  secure  Federal  troops,  and  then  reduce 
wages  and  destroy  the  union  in  Goldfield. 

The  action  of  the  mine  operators  warrants  the  belief  that  they  had 
determined  upon  a  reduction  in  wages  and  the  refusal  of  employment 
to  members  of  the  Western  Federation  of  Miners,  but  that  they  feared 
to  take  this  course  of  action  unless  they  had  the  protection  of  Fed-. 
eral  troops,  and  that  they  accordingly  laid  a  plan  to  secure  such  troops, 
and  then  put  their  programme  into  effect. 

A  committee  of  the  mine  operators  went  to  see  the  governor  on 
December  2,  and  urged  upon  him  the  necessity  of  calling  for  the  Fed- 


•Jl.'  LABOB    TK.'IKLES    AT    (JOLPFIKLD,    NEV. 

eral  tnu.ps  to  mv.M'rve  peace  and  order  in  Goldfield.  An  agreement 
seems  to  have  been  reached  that  if  conditions  continued  as  they  then 
\vere  that  the  governor  would  issue  such  call,  and  the  committee 
returned  after  having  agreed  \\ith  the  governor  upon  a  code  word 
\\  liirh  should  l>e  sent  by  telegraph  to  indicate  the  necessity  for  troops 
still  existed. 

me  days  later  the  agreed-upon  word  was  telegraphed  to  the  gov- 
ernor and  lie  thereupon  issued  his  call  upon  the  President  for  troops. 
I  hiring  this  time,  when  conditions  at  Goldfield  were  represented  to  be 
in  SIM  h  lawless  state  as  to  demand  Federal  troops,  there  was  appar- 
ently no  discussion  of  the  subject  whatever  carried  on  outside  of  the 
M  ine  Operators'  Association.  No  indication  was  permitted  to  become 
public  as  to  the  real  purpose  of  the  call  of  the  committee  on  the  gov- 
ernor. 

The  papers  published  the  fact  of  the  presence  of  the  committee  from 
Goldfield  at  Reno,  and  stated  the  purpose  of  its  visit  to  be  the  selec- 
tion of  a  site  for  a  smelter.  After  the  agreement  with  the  governor 
and  pending  the  sending  of  the  telegraphic  word  agreed  upon  no  pub- 
lic intimation  was  given  in  Goldfield  that  troops  had  been  asked  for 
or  were  expected.  Neither  the  county  commissioners,  the  sheriff,  nor 
the  district  attorney  were  consulted,  nor  had  any  one  of  them  even  a 
suspicion  of  the  action  which  had  been  taken.  The  first  news  that 
the  city  had  that  it  was  in  a  condition  of  lawlessness  and  disorder, 
requiring  the  intervention  of  the  Federal  Government,  was  when  dis- 
patches appeared  in  the  papers  that  the  troops  had  been  called  for 
and  were  then  on  their  way  to  Goldfield.  When  the  fact  was  ascer- 
tained positively  that  the  troops  were  actually  on  their  way  to  Gold- 
field,  a  formal  protest  was  telegraphed  to  the  governor  by  most  of  the 
county  officers. 

The  troops  arrived  in  Goldfield  on  December  6.  On  December  7 
the  Goldfield  Mine  Operators'  Association  issued  a  public  statement, 
in  which,  among  other  things,  they  said,  uWe  propose  to  adopt  fair 
and  reasonable  rules  for  the  operation  of  our  properties  and  employ 
men  irrespective  of  whether  they  belong  to  unions. "  The  rules  and 
regulations  adopted,  in  pursuance  of  this  statement,  made  a  general 
reduction  in  their  wage  scale  amounting,  in  the  case  of  miners,  from 
$5  to  $4  per  day,  and  also  provided  that  the  said  association 
would  not  employ  any  man  belonging  to  Goldfield  Miners'  Union, 
No.  220,  of  the  Western  Federation  of  Miners,  or  any  other  union  in 
Goldfield  or  elsewhere  that  is  connected  or  affiliated  with  the  Western 
Federation  of  Miners,  and,  in  pursuance  of  this  provision,  stated  that- 
Each  employee  of  a  member  of  this  association  shall,  as  a  condition  of  employ- 
ment, be  required  to  sign  the  following  agreement: 

"In  consideration  of  my  being  employed  by  the  —  —  company  for  such 
time  as  my  services  shall  be  satisfactory,  and  at  the  wages  heretofore  fixed  by  said 
company,  subject  to  the  rules  and  regulations  fixed  by  said  company  and  by  the  Gold- 
field  Mine  Operators'  Association  relating  to  the  employment  of  men  in  and  around 
mines  of  Goldfield  mining  district,  I  hereby  covenant  and  agree  with  said  company 
that  I  am  not  now  and  will  not  be  during  the  time  I  am  working  for  said  company  a 
member  of  Goldfield  Miners'  Union,  No.  220,  of  the  Western  Federation  of  Miners,  or 
of  any  other  union  in  Goldfield  or  elsewhere  that  is  directly  or  indirectly  affiliated 
with  or  has  any  connection  of  any  kind,  nature,  or  description  with  said,  The  Western 
Federation  of  Miners. 
"Witness  my  hand  and  seal  at  Goldfield,  Esmeralda  County,  Nevada,  this day 


LABOR  TROUBLES  AT  GOLDFIELD,  NKV.  23 

While  this  cut  in  wages  and  refusal  to  employ  members  of  the 
Western  Federation  of  Miners  was  not  announced  until  after  the 
arrival  of  troops,  every  indication  confirms  the  belief  that  such  action 
was  in  contemplation  before  the  arrival  of  troops,  was  part  of  the 
general  plan  of  the  mine  operators  to  establish  their  independence  of 
the  union,  and  that  the  coming  of  the  troops  was  expected  and  urged 
by  them  to  make  such  plan  feasible. 

We  find  that  from  the  spring  of  1907  to  the  date  of  the  arrival  of 
the  troops  there  were  no  conditions  of  especial  violence  or  disorder  in 
Goldfield,  or  particular  reasons  why  such  disorder  was  likely  to  occur. 
Apart  from  the  question  of  the  personnel  of  the  miners'  union — a 
matter  that  will  be  discussed  later — the  situation  was  normal.  The 
town  had  been  for  at  least  six  months  previous  fully  as  free  from 
disturbances  as  any  mining  town  of  similar  situation  and  conditions. 
There  had  been  no  organized  opposition  to  law.  The  number  of 
homicides  during  the  two  years  prior  to  the  coming  of  the  troops,  as 
stated  by  the  county  officials,  did  not  exceed  a  half  a  dozen,  and 
several  of  these  had  no  relation  to  any  labor  difficulties.  There  was 
evidence  that  in  the  past  two  years  a  number  of  so-called  deporta- 
tions had  taken  place;  that  is,  men  had  been  driven  out  by  union 
sympathizers  either  by  threats  or  by  actual  violence,  but  probably 
the  total  number  so  forced  out  of  town  did  not  exceed  25  in  two 
years.  There  were  made  before  us,  it  is  true,  several  statements  of 
very  much  larger  number,  going  as  high  as  700,  but  when  all  the  wit- 
nesses had  been  asked  to  give  names  and  facts  in  specific  cases  the 
number  of  such  cases  brought  to  our  attention  did  not  exceed  20. 
Moreover,  numbers  of  these  deportations  were  not  in  furtherance  of 
any  organized  plan  to  drive  out  nonunion  men.  They  represented 
the  paying  off  of  old  scores  due  to  former  troubles  in  Cripple  Creek 
and  the  Coeur  d'Alenes. 

There  was  no  evidence  of  the  unlawfulS§0^BD%£4hftjBgf^ith  the 
one  exception  that  it  was  shown  that  one  of  the  poles  of  the  electric 
power  company's  plant  had  been  bored  and  dynamite  cartridges 
inserted  and  lighted  (which,  however,  failed  to  explode),  and  that  a 
large  number  of  other  cartridges  had  been  left  at  the  base  of  the 
pole.  No  actual  damage  was  done.  This  occurred  shortly  before 
the  arrival  of  the  troops.  It  was  alleged  by  the  miners'  union  that 
this  had  been  done  by  the  mine  operators  themselves  in  order  to 
produce  the  appearance  of  violence,  and  while  we  express  no  opinion 
as  to  who  placed  the  dynamite  there,  it  must  be  admitted  that  the 
circumstances  in  the  case  and  the  clumsy  way  in  which  the  work 
was  done  at  least  raises  a  reasonable  doubt  as  to  the  genuineness  of 
the  attempt.  We  find  that  there  were  at  the  time  of  the  troops' 
arrival  a  considerable  number  of  rifles  in  the  possession  of  each  party; 
that  a  large  number  of  men  in  the  town  were  carrying  pistols,  but 
probably  not  in  much  greater  proportion  than  is  true  of  most  mining 
towns  of  this  character.  In  short,  up  to  the  time  the  troops  arrived, 
and  for  six  months  prior  thereto,  there  had  been  no  unusual  condi- 
tions of  violence  or  disorder  or  any  such  conditions  as  would  in  any 
way  justify  the  presence  of  the  Federal  troops  or  their  retention  . 
there.  The  conditions  did  not  support  the  general  allegations  in  the 
governor's  request  for  troops,  nor  were  his  specific  statements  estab- 
lished to  any  such  extent  as  to  justify  his  use  of  these  statements 
for  the  purpose  of  getting  Federal  troops. 


1>4  LABOR     TROUBLES     AT    <;<HJ>ri  KLI>,     MKY. 

;  hulk  of  the  testimony  submitted  by  the  mine  operators  set 
I'.-rth  Facts  \\hicli  tended  to  show,  not  the  existence  of  actual  serious 
•>ler  in  the  imst  or  in  the  present,  but  the  possibilities  of  future 
disorders  should  the  troops  be  withdrawn.  It  was  this  potential 
situation  tlnit  \NJIS  oh\  ioii>ly  in  the  minds  of  most  of  the  men  who 
appeared  hefore  us  on  heha'lf  of  the  retention  of  the  troops.  Many 
men  of  almost  all  classes,  whose  assertions  we  believe  to  have  been 
perfectly  sincere,  stated  earnestly  that  they  believed  that  should  the 
ps  l»e-  \\itlidni\vii  there  would  very  shortly  arise  a  condition  of 
serious  disorder  and  violence,  loss  of  life  and  damage  to  property, 
takinir  the  shape  of  a  direct  conflict  between  the  miners'  union  and 
the  mine  operators.  Inasmuch  as  the  situation,  as  above  stated, 
had  remained  substantially  unchanged  for  the  six  months  prior  to  the 
coining  of  the  troops,  during  which  time  practically  no  one  believed 
in  t  lie  probability  of  an  insurrection  or  serious  disorder,  and  inasmuch 
n  December  5,  the  so-called  insurrection  was  unknown  to  the  com- 
munity, and  the  coming  of  the  troops  a  complete  surprise,  it  was 
obvioiis  that  some  new  factors  must  have  entered  the  situation  very 
recently  in  order  to  produce  these  honest  opinions  as  to  future 
disorder. 

We  find  that  such  .new  factors  did  enter,  but  after  the  troops 
arrived,  and  that  they  consisted  of  the  announced  determination 
aforesaid  on  the  part  of  the  mine  operators,  on  December  7,  to  reduce 
wages  and  to  refuse  employment  to  members  of  the  Western  Feder- 
ation; that  this  programme,  if  carried  out,  meant  a  struggle  for  its 
existence  on  the  part  of  the  union,  and  that  these  witnesses  naturally 
felt  that  this  struggle  would,  on  the  withdrawal  of  the  troops,  take 
the  form  of  serious  disorder.  This  explains  to  our  minds  the  acute- 
ness  of  the  new  situation  that  arose,  the  fears  of  many  of  those  who 
appeared  before  us,  and  the  desire  expressed  by  so  many  that  the 
troops  should  be  retained. 

Probably  the  most  disturbing  of  the  new  factors  was  the  refusal  by 
the  operators  to  employ  members  of  the  Western  Federation,  as 
above  set  forth,  and  this  particular  requirement,  in  our  own  opinion, 
was  on  its  face  contrary  to  the  statute  of  Nevada,  as  follows : 

CHAP.  CXI.  An  Act  making  it  unlawful  for  employers  to  enter  into  agreements  with  their  employees 
or  persons  about  to  enter  their  employment,  not'to  become  pr  continue  as  members  of  labor  organi- 
zations; and  prescribing  penalties  for  violation  thereof.  (Approved  March  17, 1903.) 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly,  do  enact  as 
follows: 

SECTION  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  make  or  enter 
into  any  agreement,  either  oral  or  in  writing,  by  the  terms  of  which  any  employee  of 
such  person,  firm  or  corporation,  or  any  person  about  to  enter  the  employ  of  such 
person,  firm  or  corporation,  as  a  condition  for  continuing  or  obtaining  such  employ- 
ment, shall  promise  or  agree  not  to  become  or  continue  a  member  of  a  labor  organiza- 
tion, or  shall  promise  or  agree  to  become  or  continue  a  member  of  a  labor  organization. 

SEC.  2.  Any  person  or  persons,  firm  or  firms,  corporation  or  corporations,  violating 
the  provisions  of  Section  1  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than  fifty  or  more  than  three 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  for  a  period  of  not  less  than  twenty- 
five  days  or  more  than  five  months,  or  by  both  such  fine  and  imprisonment. 

SEC.  3.  All  Acts  or  parts  of  Acts  in  conflict  with  the  above  are  hereby  repealed. 

The  constitutionality  of  this  statute,  as  well  as  its  application,  was 
questioned  by  the  mine  operators,  but  of  course,  until  it  has  been  de- 
clared unconstitutional  by  judical  decision  it  must  be  regarded  as 
he  law  of  that  State. 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  25 

The  question  as  to  possible  future  violence  and  disorder  on  the 
withdrawal  of  the  troops  we  find  to  depend  largely  on  the  personnel  of 
the  miners'  union  and  their  leaders  in  particular.  A  number  of  these 
leaders  are  represented  to  be  men  of  radical  socialistic  beliefs  and  in 
favor  of  forcibly  asserting  what  they  hold  to  be  their  rights.  Gold- 
field,  being  one  of  the  newest  and  richest  gold  mining  camps  of  the 
West,  attracted  many  of  the  most  adventurous  and  radical  characters 
in  the  miners'  union,  and  while  many  of  these  have  recently  left,  it  is 
believed  that  there  remain  a  considerable  number  of  men  whose 
records  in  other  mining  camps  presage  ill  for  the  future  of  law  and 
order  in  Goldfield,  if  Federal  troops  are  withdrawn. 

It  was  strongly  urged  that  the  experience  of  other  mining  camps 
with  the  Western  Federation  of  Miners  gave  good  grounds  for  the 
belief  that  should  the  mine  operators  insist  on  maintaining  their  posi- 
tion, as  above  stated,  serious  disorder  would  be  likely  to  ensue  imme- 
diately upon  the  withdrawal  of  the  troops.  All  this,  however,  is 
purely  a  matter  of -future  possibilities  and  not  of  actual  present  or 
past  disorders  in  Goldfield.  From  the  almost  unanimous  consensus 
of  opinion  of  all  witnesses  we  are  satisfied  that  in  the  entire  miners' 
union  of  Goldfield  there  are  not  over  a  few  hundred  men  of  a  danger- 
ous type — men  who  would  readily  resort  to  violence  to  accomplish  their 
ends.  The  great  majority,  probably  over  three-fourths  of  the  union, 
while  loyal  to  their  organization,  were  conceded  to  be  men  of  law- 
abiding  tendency  who  would  not  willingly  initiate  or  support  delib- 
erate violence.  But  there  is  likewise  little  doubt  but  that  this  large 
proportion  of  orderly  men  have  in  the  past  permitted  themselves  and 
their  organization  to  be  dominated  and  controlled  in  its  public 
actions  by  vicious  leaders,  and  have  lacked  either  the  coherence  or 
the  courage  to  suppress  this  element  and  conduct  the  affairs  of  their 
organization  in  a  way  to  command  public  respect  and  confidence. 
In  the  early  part  of  the  present  year  the  miners'  union  of  Goldfield 
permitted  a  celebration  to  be  held  by  the  union  and  a  procession 
under  its  auspices  to  march  through  the  streets  of  that  city  carrying 
the  red  flag  of  anarchy  as  a  sole  emblem,  and  bearing  aloft  legends 
and  mottoes  of  an  incendiary  character.  It  is  claimed  that  but  a 
small  proportion  of  the  miners'  union  took  part  in  the  procession, 
but  it  had  received  the  official  sanction  of  the  union,  and,  so  far  as  is 
publicly  known,  was  never  repudiated  by  that  body.  Their  personal 
good-  character  can  not  excuse  members  of  the  Goldfield  union  for 
permitting  their  leaders  to  outrage  decent  sentiment,  and  can  not 
save  the  organization  to  which  they  belong  from  bearing  the  repu- 
tation it  has  earned.  By  permitting  their  organization  to  be  man- 
aged and  controlled  by  men  of  violent  tendencies,  the  union  as  a 
body  has  thus  laid  itself  open  to  the  reproach  of  being  a  vicious 
organization,  and  has  furnished  a  foundation  for  the  fear  existing 
in  Goldfield  that  it  will  support  violence  and  disorder  to  win  its 
present  strike. 

In  view  of  the  foregoing  facts,  we  believe  there  is  considerable 
danger  that  serious  disorders  will  be  attempted  if  the  troops  be 
withdrawn  and  the  mine  operators  insist  on  carrying  out  their  pub- 
licly announced  policy.  But  if  a  handful  of  men  have  controlled  the 
Goldfield  Miners'  Union  and  committed  the  organization  to  inde- 
fensible policies  and  practices-,  it  is  no  reason  why  the  county  of 
Esmeralda  and  the  State  of  Nevada  should  tamely  submit  to' the 


1.V,  I.AHi'R    TKot'HI.KS    AT    <}(HJ)FIELD,    NEV. 


domination  ul'  this  s:im<»  group  and  should  not  assert  their  authority 
mid  power  ?md  rnfoirr  respect  for  law  and  order  without  support  of 

Federal  troops. 

ATTITUDE    OF    THE    CIVIL   AUTHORITIES. 

The  foregoing  are  the  essential  facts  as  to  the  elements  of  order 
and  disorder  existing  in  Goldfield.  Taking  up  now  the  conditions 
ivl.'iting  to  the  civil  authorities  there: 

Nevada  ha>  no  State  militia,  its  former  force  having  been  dis- 
banded. The  only  force  at  the  disposal  of  the  governor  consists  of- 
five  State  detectives,  substantially  all  of  whom  are  acting  now  as 
mine  guards  in  Goldfield  and  in  the  pay  of  the  mine  operators,  a 
force  wholly  inadequate  to  deal  with  any  serious  disorder.  The 
governor  informed  us  in  writing  that  he  would  not  convene  the  legis- 
lature and  that  he  would  not  take  any  steps  to  organize  a  State 
militia  under  the  State  statutes;  that  in  case  the  troops  should  be 
withdrawn-  he  did  not  know  what  he  would  do,  but  so  far  as  he  could 
then  see,  he  would  do  nothing.  The  exact  form  of  this  statement 
was  as  follows: 

Interview  ivith  Governor   John  Sparks,   of  Nevada,   at  Hotel   Casey,  Goldfield,  Nev.9 

December  17,  1907. 

Present:  Messrs.  Smith,  Murray,  and  Neill. 

Mr.  SMITH.  We  want  to  get  in  permanent  and  definite  shape  your  decisions  on 
the  questions  we  talked  of  this  afternoon.  First,  whether  you  will  or  will  not  con- 
vene the  legislature.  —  A.  I  do  not  think  that  I  can  consistently  do  it. 

Q.  So  you  decline  to  do  that?  —  A.  For  the  present,  yes,  sir. 
*###•*  *  * 

Mr.  SMITH.  As  to  another  matter,  Governor,  there  was  suggested  the  appointment 
of  a  militia  here?  —  A.  Yes. 

Q.  What  is  your  view  on  that?  —  A.  Well,  it  would  take  considerable  time  to  organ- 
ize that.  You  mean  a  State  militia? 

Q.  Yes,  sir.  —  A.  Well,  I  should  oppose  that.  I  have  opposed  it  all  the  way  along. 
The  very  people  I  am  trying  to  protect  knew  that  the  soldiers  were  here  and  backed 
me  up  on  that.  I  believe  a  State  militia  at  this  time  would  be  disgraceful  to  the 
State. 

Q.  What  I  refer  to  especially  is  an  emergency  militia,  which  was  suggested  this 
afternoon  right  in  this  town.  —  A.  An  emergency  militia?  If  we  had  the  right  kind 
of  an  emergency  militia  it  would  operate  all  right;  but  I  don't  believe  we  could  get 
that  kind-.  That  is  one  of  the  circumstances. 

Q.  So  just  what  would  be  your  action  in  case  the  troops  are  withdrawn?  —  A.  Well, 
Mr.  Smith,  I  have  got  to  consider  your  proposition.  I  ofon't  want  to  dodge  any  ques- 
tion you  ask  me,  but  at  the  present  time  I  do  not  know  what  I  would  do.  The 
chances  are  I  would  not  do  anything  until  these  people  here  fought  it  out  on  common 
ground  with  one  another.  It  seems  they  are  prepared  to  do  it.  I  don't  want  them 
to  do  it;  I  want  to  preserve  peace,  law,  and  order  and  protect  the  people  more  than 
property. 

Mr.  MURRAY.  Governor,  at  the  present  time  you  do  not  feel  justified,  then,  in  hav- 
ing the  legislature  in  extraordinary  session  nor  to  organize  a  State  militia?  —  A.  No, 
sir;  I  don't  think  it  would  be  wise  to  do  it.  A  State  militia  would  not  remedy 
the  situation,  in  my  judgment. 

*****  *  * 

December  18,  1907. 

This  is  a  correct  copy  and  statement. 

JOHN  SPARKS,  Governor. 

In  brief,  the  attitude  of  the  State  was  simply  passive.  The  gov- 
ernor had  in  conference  with  him  at  the  time  his  aide,  Captain  Cox, 
and  the  attorney-general,  Mr.  Stoddard,  and  after  this  interview, 
December  18,  he  left  Goldfield  and  did  not  return  during  our  stay. 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  27 

We  had  conferences  with  the  sheriff  of  the  county,  two  of  the  three 
county  commissioners,  two  of  the  assemblymen,  and  the  district 
attorney,  constituting  all  the  representatives  of  the  civil  authorities 
of  the  county  whose  presence  we  could  secure.  Goldfield  is  not  an 
incorporated  city.  There  is  a  constable,  but  it  appears,  so  far  as 
we  could  ascertain,  that  since  the  removal  of  the  county  seat  to 
Goldfield  his  powers  have  been  largely  superseded  by  those  of  the 
sheriff  and  that  substantially  tKe  sheriff  is  the  supreme  and  respon- 
sible peace  officer  of  the  county  and  the  town.  Our  interview  with 
these  gentlemen  was  unsatisfactory  in  the  extreme,  lasting  nearly 
ten  hours  continuously  and  until  10  o'clock  of  the  night  of  December 
19.  We  endeavored  to  get  from  them  a  statement,  and  especially 
from  the  sheriff,  as  to  whether  in  their  opinion  the  county  officers 
could  or  could  not  maintain  order  in  Golcffleld  should  the  troops  be 
withdrawn.  They  each  evaded  this  question  to  the  utmost  limit 
and  in  such  a  way  that  it  was  perfectly  obvious  that  they  did  not 
dare  to  answer  it  directly,  until  at  the  end  of  our  interview,  when 
we  finally  secured  from  them  all,  as  the  most  direct  definite  statement 
they  would  make  in  answer  to  our  single  question  on  this  point,  the 
following  negation: 

Sheriff  Ingalls,  are  you  willing  to  say  that  if  the  troops  are  removed  from  here  you 
can  not  maintain  law  and  order  in  this  town  and  protect  life  and  property?  Are  you 
willing  to  say  that? 

No;  I  can  not  say  that. 

The  same  question  was  put  to  all  the  said  county  officers  and  the 
same  answer  was  received.  They  all  stated  that  they  resented  the  call 
of  troops  by  the  governor;  that  their  coming  was  unnecessary,  but 
that  now  the  troops  were  in  Goldfield  they  wished  that  they  might  be 
kept  there.  They  insisted  that  it  was  an  insult  to  the  citizens  and 
officials  of  Goldfield  to  have  brought  in  Federal  troops  to  maintain 
order  and  that  it  conveyed  an  utterly  false  impression  to  the  outside 
public,  but  they  did  not  recognize  that  the  continuance  of  the  troops 
after  their  having  once  arrived  was  a  daily  repetition  and  accentuation 
of  what  they  regarded  as  originally  an  insult.  They  would,  however, 
absolutely  accept  no  responsibility  whatsoever  for  the  retention  of  the 
troops,  and,  while  desiring  their  presence  in  order  to  keep  the  peace 
for  which  these  officials  were  themselves  responsible,  it  was  their  clear 
intention  to  get  the  benefit  thereof  and  at  the  same  time  throw  the 
whole  responsibility  for  the  continued  presence  of  the  troops  upon  the 
President.- 

The  county  derives  a  large  income  from  the  bullion  tax,  and  the 
county  commissioners  boasted  to  us  of  their  ability  to  make  extensive 
improvements  and  pay  for  them  quickly.  The  sheriff  has  complete 
power  to  summon  every  able-bodied  man  in  the  community  as  a 
member  of  his  posse  for  the  purpose  of  keeping  the  peace. 

We  are  satisfied  that  the  county  officials  have  full  power  and 
authority  to  keep  the  peace  in  that  county;  that  there  are  many  law- 
abiding  citizens  who  could  be  employed  by  the  sheriff  in  case  of 
emergency,  and  who  would  make  a  completely  effective  force  for 
the  enforcement  of  order. 

Thus  not  only  the  State,  but  the  county  authorities  deliberately, 
and  in  writing,  refused  to  assume  any  other  than  a  passive  attitude 
in  this  matter. 


28  LAHOK    TKol'HLES    AT    GOLDFIKLD,    N  KV. 

There  is  ;d»ohitelv  no  question  that  if  the  State  of  Nevada  and  the 
i\  ui  Bsmendda  exereise  the  powers  at  their  disposal  they  can 
HIM  in  la  in  satisfactory  or<lcr  in  Goldlield;  that  so  far,  these  authorities 
have  done  not  hin*:  hut  are  relying  upon  Federal  aid,  and  their  attitude 
nou  is  expressly  that  of  refusing  to  do  anything  and  desiring  to  throw 
their  own  burdens  upon  the  Federal  Government  for  the  maintenance 
of  those  elementary  conditions  of  order  for  which  they,  and  they  only, 
are  responsible. 

CONSIDERATION   OF   THE    LEGAL   PRINCIPLES   APPLICABLE. 

The  entire  foregoing  states  the  facts  in  the  situation,  the  powers 
of  the  several  authorities  of  Nevada  and  of  the  county  and  their  atti- 
tude  toward  their  own  duty.  We  are  satisfied  that  the  findings 
that  we  have  stated  are  correct  and  that  they  are  fully  sufficient 
for  the  determination  of  the  action  of  the  Federal  Government  in 
this  case.  Being  especially  cognizant  of  these  facts,  we  believe 
it  proper  for  us  now  to  suggest  their  relation  to  the  general  principles 
of  law  and  the  Constitution  which  are  applicable  thereto.  While 
the  Constitution,  section  4  of  Article  IV,  and  Revised  Statutes,  5297, 
provides  that  in  certain  contingencies  the  Federal  Government  shall 
assist  in  maintaining  order  in  a  State,  it  is  clear  that  such  action  must 
be  strictly  limited.  (Such  action  is  further  limited  by  the  act  of 
June  18,  1878.)  When  a  communtiy  assumes  the  condition  of  state- 
hood as  a  member  of  the  Union  of  the  United  States  and  secures  the 
great  rights  and  privileges  consequent  thereupon,  it  also  assumes 
certain  great  obligations  and  duties  of  which  it  can  not  divest  itself, 
and  if  these  duties  are  not  performed,  or  if  an  honest  reasonable  at- 
tempt be  not  made  to  perform  them,  the  members  of  that  community 
must  suffer  the  consequences  of  such  failure  and  can  not  be  relieved 
therefrom  by  appealing  to  any  other  power.  Desirable  as  it  is  that 
civil  order  be  maintained,  much  as  we  may  deprecate  the  loss  of  life 
and  property  which  may  yet  occur  at  Goldfield,  far  greater  evils  would 
arise  should  these  fundamental  principles  be  set  aside  and  any  State 
be  allowed  to  relieve  itself  of  those  elemental  responsibilities  which 
they  have  assumed  by  the  mere  fact  of  becoming  a  State.  The  Con- 
stitution does  indeed  provide  that  the  United  States  shall  protect  the 
States  against  domestic  violence,  but  the  meaning  of  this  provision 
has  been  well  set  forth  in  Revised  Statutes,  5297,  based  thereon, 
which  practically  defines  domestic  violence  for  such  purposes  as 
insurrection.  It  is  obvious  that  the  domestic  violence  referred  to 
must  mean  violence  which  a  State  can  not  control  by  reasonable 
exercise  of  the  powers  at  its  disposal.  Any  broader  construction 
of  this  clause  would  mean  that  the  State  might  at  any  time  call 
upon  the  Federal  Government  for  assistance  in  mere  police  duty,  in 
the  suppression  of  street  brawls  and  ordinary  breaches  of  peace, 
such  as  occur  constantly  in  every  State  of  the  Union,  and  might  thus, 
through  the  connivance  of  the  executive  and  the  legislature  of  a  given 
State,  relieve  that  State  of  all  its  responsibilities  and  expenses  for  the 
maintenance  of  ordinary  daily  order,  throw  the  same  upon  the  Federal 
Government,  and  relieve  the  State  and  every  subdivision  thereof 
of  its  most  fundamental  and  constant  obligation,  and  furthermore 
destroy  that  very  principle  of  a  dual  government,  central  and  local, 
upon  which  our  entire  political  system  is  based. 

In  the  case  in  question  we  find  that,  to  put  it  tersely,  the  State  of 
Nevada,  with  a  population  of  about  70,000  and  the  city  of  Goldfield, 


LABOR  TROUBLES  AT  GOLDFIELD,  NEV.  29 

with  a  population  of  probably  15,000,  are  thus  far  in  the  position  of 
deliberately  and  expressly  abdicating  their  governmental  powers  in 
the  face  of  not  more  than  a  few  hundred  dangerous  and  disorderly 
men  and  of  calling  upon  the  Federal  Government  to  perform  the  work 
of  keeping  these  men  in  order  by  the  use  of  Federal  troops.  We 
believe  that  such  a  condition  illustrates  to  the  extreme  the  false 
principles  above  condemned  and  that  it  would  be  a  precedent  of  infi- 
nitely evil  possibilities  should  the  Federal  Government  concur  in  any 
such  position  as  the  governor  of  Nevada  and  the  officials  of  Esmeralda 
County  desire  it  to  take. 

The  above  considerations  apply  to  the  fundamental  question  as  to 
whether  the  troops  should  be  indefinitely  maintained  in  Goldfield,  as 
is  desired  by  many  citizens  there,  and  we  believe  that  these  consid- 
erations answer  that  question  emphatically  in  the  negative.  Since 
we  left  Goldfield,  however,  and  on  December  31,  the  governor  of 
Nevada  has  changed  the  decision  he  expressed  to  us  and  has  issued  a 
call  convening  the  legislature  of  that  State  for  January  14,  1908. 
We  believe  it  proper  and  expedient,  inasmuch  as  the  troops  are  now 
in  Goldfield  at  the  request  of  the  governor,  that  the  troops  should 
remain  there  until  the  assembling  of  the  legislature,  to  preserve  the 
statu  quo,  so  that  the  legislature  mav  deal  with  the  situation  as  it  now 
exists.  But  we  also  most  firmly  believe  that  upon  the  assembling  of 
the  legislature,  or  within  a  few  days  thereafter,  the  troops  should  be 
removed,  regardless  of  any  request  for  their  retention  that  may  be 
made  by  either  the  legislature  or  the  governor  of  Nevada,  it  being 
essential  that  the  State  of  Nevada  shall  understand  this  situation 
completely,  shall  recognize  the  fact  that  there  will,  at  that  date,  be 
thrown  upon  it,  and  it  alone,  the  primary  responsibility  of  keeping 
order,  and  that,  recognizing  this  responsibility,  it  may  take  such  action 
as  is  the  duty  of  the  State  and  as  will  be  sufficient  in  the  premises. 

LAWRENCE  O.  MURRAY, 
Assistant  Secretary  of  Commerce  and  Labor. 
CHARLES  P.  NEILL, 

Commissioner  of  Labor. 
HERBERT  KNOX  SMITH, 
Commissioner  of  Corporations. 

The  PRESIDENT,  White  House. 

Governor  Sparks  to  the  President. 

[Telegram.] 

CARSON,  NEV.,  January  17,  1908. 
Hon.  THEODORE  ROOSEVELT, 

President  of  the  United  States,  Washington,  D.  C. 

The  resolution  following  has  been  adopted  by  both  houses  of  the 
Nevada  legislature  to-day  without  a  dissenting  vote.  We  earnestly 
urge  you  to  carefully  consider  the  same.  We  are  now  working  on 
a  constabulary  law  and  will  keep  you  advised  of  progress: 

Resolved  by  the  Senate  of  the  State  of  Nevada,  the  Assembly  concurring,  that 

Whereas,  conditions  exist  in  the  State  of  Nevada  that  border  upon  and  threaten 
an  immediate  state  of  domestic  violence;  and, 

Whereas,  said  State  of  Nevada  has  no  State  militia  or  other  adequate  police  force 
at  its  disposal  sufficient  to  protect  its  inhabitants  against  domestic  violence;  there- 


fore be  it 
Resolve* 
dent  of  the  United' States  to  retain  in  the  Goldfield  mining  district  of  Nevada  a  sum 


Resolved,  that  application  is  hereby  made  by  the  legislature  of  Nevada  to  the  Presi- 

~  Id" 


;$()  LAMOI:  TRoi'KLKs   AT  GOLDFIELD,  NKV. 

•  •f  tin •  I' nil ril  Stai-  o  protect  said  State  against  domestic  violence 

and  t.»  iiiMiiv  i"  the  inhabitant-  of  that  community  and  the  State  domestic  tranquility, 
the  preservation  of  law  and  onl»>r  and  the  observance  of  the  laws  of  the  United  States 
ami  ih«-  Siaie  of  .Nevada,  and  that  such  portion  of  the  United  States  Army  be  main- 
tained in  .-aid  district  until  tin-  Stat.-  of  Nevada  through  its  legislature,  now  in  extra- 
ordin.  :i  assembled,  shall  be  able  to  provide  by  law  for  the  organization  and 

equipment  of  a  State  constabulary  or  other  police  force  sufficient  to  maintain  law 
and  order  ami  suppress  any  domestic  violence  that  may  occur. 

JOHN  SPARKS,  Governor. 


The  President  to  Governor  Sparks. 

[Telegram.] 

THE  WHITE  HOUSE, 
Washington,  January  17,  1908. 
11  on.  JOHN  SPARKS, 

Governor  of  Nevada,  Carson  City,  Nev. 

In  response  to  your  telegram  transmitting  the  resolution  of  the 
legislature  of  Nevada,  I  authorize  you  to  inform  the  legislature  that 
in  accordance  with  its  request  I  will  permit  the  troops  to  remain 
in  Nevada  for  such  reasonable  length  of  time  as  will  give  opportu- 
nity to  the  legislature  to  organize  such  police  force  as  will  enable 
the  State  authorities  to  perform  the  police  functions  of  the  State. 
I  assume  of  course  that  there  will  be  all  possible  expedition  in  pro- 
viding this  police  force. 

THEODORE  ROOSEVELT. 


Governor  Sparks  to  the  President. 

[Telegram.] 

CARSON,  NEV.,  January  29, 1908. 
The  PRESIDENT,  Washington: 

Our  State  police  bill  passed  both  houses  of  the  Nevada  legislature 
by  a  large  majority  and  is  now  a  law.  We  are  working  to  organize 
the  force  as  fast  as  possible. 

JOHN  SPARKS,  Governor  of  Nevada. 


Gay  lord  Hros.      m 

Makers 
Syracuse,  N.  Y.  I 

PAT.  JAN.  21,1908 


